COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNALApr 11, 2018 · 5,490 individuals received...

COMMONWEALTH OF PENNSYLVANIA

LEGISLATIVE JOURNAL

WEDNESDAY, APRIL 11, 2018

SESSION OF 2018 202D OF THE GENERAL ASSEMBLY No. 12

HOUSE OF REPRESENTATIVES The House convened at 10:30 a.m., e.d.t.

THE SPEAKER PRO TEMPORE (MARK M. GILLEN) PRESIDING

PRAYER

The SPEAKER pro tempore. The prayer will be offered by Bishop Carl H. Scott, Bible Tabernacle Christian Center, York, PA. Representative Carol Hill-Evans is with this gentleman. BISHOP CARL H. SCOTT, Guest Chaplain of the House of Representatives, offered the following prayer: Our Father and our God, we come first of all to give thanks to You for Your loving-kindness and Your tender mercies. We thank You for watching over us and granting us the privilege of witnessing another day, a day that once again allows us to be the recipients of Your faithfulness that is new and fresh every morning. We recognize that all of our health and all of our strength comes from You, and so we look to You for the wisdom and guidance that we need to face the issues that confront us today. We pray that You would empower those that gather in this Assembly to address the concerns of this Commonwealth with Your spirit, with Your direction, and with Your grace, that the work that is done here will bring honor and glory to You, and equality, trust, and relief to every community, every man, woman, and child across this State and beyond. Let us never forget that You are the God of the universe. You promise that if we called on You, You would answer us and show us great and mighty things that we are not even aware of. May we never hesitate to invoke Your presence into all of the affairs of this House, that You, O God, will receive all of the honor. We pray for good health, for strength, and for safety for every member of this House and their families, that You would grant them clarity of mind and oneness of spirit, that they may go about doing the work that will bring safety and prosperity to every person, man, woman, boy, and girl in this Commonwealth. And we pray these blessings in the name of our savior and our Lord. Amen.

PLEDGE OF ALLEGIANCE

(The Pledge of Allegiance was recited by members and visitors.)

JOURNAL APPROVAL POSTPONED

The SPEAKER pro tempore. Without objection, the approval of the Journal of Tuesday, April 10, 2018, will be postponed until printed.

BILL REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED

HB 1981, PN 3323 (Amended) By Rep. M. KELLER An Act providing for the establishment of first-time home buyer

savings accounts for first-time home buyers in this Commonwealth.

URBAN AFFAIRS.

HOUSE BILLS INTRODUCED AND REFERRED

No. 2254 By Representatives REED, HENNESSEY, BURNS, PETRARCA, DONATUCCI, CALTAGIRONE, RYAN, HAHN, TOOHIL, WARD, COX, DAVIS, LONGIETTI, MILLARD, MURT, KINSEY, HICKERNELL, ROTHMAN, DUSH, SONNEY, READSHAW, MARSHALL, OBERLANDER, O'NEILL, DiGIROLAMO, BARBIN, CAUSER, HEFFLEY, SAYLOR, A. HARRIS, MARSICO, CONKLIN, WATSON and JOZWIAK

An Act designating a bridge on that portion of Pennsylvania Route

286 over the Two Lick Creek, Borough of Clymer, Indiana County, as the Corporal Louis R. Tate Memorial Bridge.

Referred to Committee on TRANSPORTATION, April 11,

2018. No. 2255 By Representatives DAVIS, THOMAS, LONGIETTI, DRISCOLL, FRANKEL, WARREN, SCHLOSSBERG, STURLA, SCHWEYER and ROZZI

An Act amending Title 64 (Public Authorities and Quasi-Public

Corporations) of the Pennsylvania Consolidated Statutes, in Commonwealth Financing Authority, further providing for powers of the authority.

Referred to Committee on FINANCE, April 11, 2018.

No. 2256 By Representatives TOPPER, KINSEY, HENNESSEY, DONATUCCI, ROTHMAN, MARSHALL, LONGIETTI, RYAN, COX, WARD, O'NEILL, MUSTIO, DUSH, SONNEY, IRVIN, HICKERNELL, METZGAR, NEILSON, TOEPEL, ENGLISH, BURNS, READSHAW,

318 LEGISLATIVE JOURNAL—HOUSE APRIL 11

KAUFFMAN, GROVE, CAUSER, SAYLOR, A. HARRIS, MARSICO, JOZWIAK, MURT, DiGIROLAMO, CONKLIN, CALTAGIRONE and MILLARD

An Act designating a bridge on that portion of Pennsylvania Route

36 over Three Springs Run, South Woodbury Township, Bedford County, as the Marine Lance Corporal Darrell Magruder Memorial Bridge.


2018. No. 2257 By Representatives TOPPER, KINSEY, HENNESSEY, DONATUCCI, MARSHALL, LONGIETTI, ROTHMAN, RYAN, COX, WARD, O'NEILL, SONNEY, DUSH, IRVIN, HICKERNELL, METZGAR, NEILSON, TOEPEL, BURNS, READSHAW, KAUFFMAN, BARBIN, HEFFLEY, GROVE, CAUSER, SAYLOR, A. HARRIS, MARSICO, JOZWIAK, MURT, CONKLIN, CALTAGIRONE and MILLARD

An Act designating a bridge on that portion of State Route 1001

over Imlertown Run, Bedford Township, Bedford County, as the First Lieutenant Eric Fisher Wood, Jr., Memorial Bridge.


2018.

ACTUARIAL NOTE

The SPEAKER pro tempore. The Chair acknowledges receipt of an actuarial note for amendment 06215 to SB 383, PN 1034, from the Independent Fiscal Office. (Copy of actuarial note is on file with the Journal clerk.)

STATEMENT BY MRS. EVANS

The SPEAKER pro tempore. To the uncontested calendar; Representative Hill-Evans is recognized to speak on HR 805, Prevention of Cruelty to Animals Month. Mrs. EVANS. Thank you, Mr. Speaker, and thank you to my colleagues for recognizing April 2018 as "Prevention of Cruelty to Animals Month" in Pennsylvania. Animals provide us joy, companionship, and perform important jobs every day for the people of Pennsylvania, whether it is providing comfort to a victim of crime, assisting our first responders, or simply welcoming us home from a long day at work. We owe our thanks to our furry and feathered friends. For many, these furry and feathered friends are not just friends, they are part of our families, and as such, it is our responsibility to celebrate and advocate for them when they need protection. Yes, our dogs and cats are able to express their hunger or when they need our attention, but just like everyone else we serve here in the legislature, they still need us to be their champions, to rise up and propose laws and speak out against cruelty. That is why organizations like the Humane Society of the United States were founded by animal rights activists in 1952. Those individuals understood the express purpose of advocating for the humane treatment of animals on the national level.

Today the Humane Society oversees the direct care of more than 100,000 animals annually. Furthermore, the Humane Society has fought for landmark anticruelty laws and maintains efforts to continuously improve the state of animal rights in America. Mr. Speaker, the Humane Society's mission to stem the neglect, abuse, and mistreatment of animals reaches all corners of the United States, and although HR 805 designates April 2018 as "Prevention of Cruelty to Animals Month" in Pennsylvania, we can, and more importantly, we should do more. Mr. Speaker, in addition to observing the month, we can and should take action to raise awareness about the abuse and neglect of animals, and that includes promoting signs of abuse and steps we can all take to report suspected cases. Signs of abuse include: tick or flea infestations; wounds on the body; patches of missing hair; extremely thin, starving animals; and animals who cower in fear or act aggressively when approached by their owners. If you see these or other signs of suspected abuse or neglect, it is important to speak up. Report animal cruelty, notify local law enforcement or your State's local humane, animal control, or animal shelter organizations immediately, and be sure to document as many details as possible. Finally, as legislators we are in the unique position to continue our good work to strengthen and create laws that prevent and punish perpetrators of cruelty to animals. We have recently done so, having passed Libre's Law, ensuring that our Commonwealth is now 1 of 48 other States to make animal abuse a felony. Thank you again to my colleagues, the Humane Society of the United States, and animal advocates across the Commonwealth for your work on this issue and recognizing this month celebrating the progress we have made towards ending cruelty to animals. Thank you, Mr. Speaker. The SPEAKER pro tempore. Thank you, Representative Hill-Evans.

STATEMENT BY MR. MURT

The SPEAKER pro tempore. Representative Murt is recognized to speak on HR 781. Mr. MURT. Thank you, Mr. Speaker. Mr. Speaker, since its founding in 1881 by Clara Barton, the American Red Cross and its volunteers have been providing relief to the victims of disasters all across the nation. And today more than 7,000 volunteers in the Commonwealth donate time and energy to their communities through the Red Cross. Thanks to Red Cross volunteers, Pennsylvanians have found sanctuary during crises, shelter during disaster, and lifeblood during illness. In 1 year in southeastern Pennsylvania alone, 5,490 individuals received financial assistance from the Red Cross, while Red Cross teams responded to more than 1200 disasters including home fires, floods, and other emergencies. That same Red Cross group helped install more than 6400 smoke alarms as part of the Home Fire Campaign/No More Fire Deaths.

2018 LEGISLATIVE JOURNAL—HOUSE 319

Nationally, the American Red Cross responds to about 70,000 disasters each year, ranging from home fires that affect a single family to hurricanes that affect tens of thousands and earthquakes that impact millions. In these events, the Red Cross provides shelter, food, medical, and mental health services to entire communities to help them get back on their feet. Although the Red Cross is not a government agency, it is an essential part of the response when disaster strikes. But one of their most unappreciated roles is how they help our military members, veterans, and their families prepare for, cope with, and respond to the challenges of military service. The Red Cross's emergency communications, training, and support to wounded warriors and veterans, and access to community resources, help an average of 150,000 military families and veterans every year. Mr. Speaker, as many of my colleagues know, I am a combat veteran of the war in Iraq, and I saw firsthand the very good work that the American Red Cross does serving our sailors, soldiers, marines, airmen, and coast guardsmen that are engaged in military operations around the world – everything from notifications about the death of a close family member to notifying a young soldier that his wife has had an at-risk labor and delivery and getting the soldier or the military personnel home as quickly as possible to be with their family. The American Red Cross is on the frontlines of all of those operations. The Red Cross is also the nation's leading provider of health and safety courses, such as CPR (cardiopulmonary resuscitation), first aid, and lifeguard training. Each year more than 9 million Americans participate in our training programs, including first responders, educators, babysitters, and people who want to be prepared to help others in an emergency. Each year nearly 4 million people donate blood through the Red Cross, helping to provide more than 40 percent of America's blood supply. The American Red Cross is part of the world's largest humanitarian network with 13 million volunteers in 187 countries. Working together, we help respond to disasters, build safer communities, and teach the rules of war. Each year the Red Cross reaches an average of more than 100 million people across the globe. At the local level, the Southeastern Pennsylvania Chapter of the American Red Cross has served nearly 4 million people in Philadelphia, Bucks, Chester, Delaware, and Montgomery Counties. The American Red Cross is dedicated to relieving human suffering, and for that we honor them. Thank you, Mr. Speaker. The SPEAKER pro tempore. Thank you, Representative Murt.

STATEMENT BY MR. MACKENZIE

The SPEAKER pro tempore. Representative Mackenzie is recognized to speak on HR 771. Representative Mackenzie, you may speak on HR 810, and I understand HR 771, you would like to submit some of those remarks for the record. You may proceed.

Mr. MACKENZIE. That is correct. Thank you, Mr. Speaker. First of all, I want to welcome everybody here who is joining us in the Capitol today. It is a very active day in Harrisburg, so I want to welcome all of our guests and all of the attendees, and hopefully, you enjoy your day here in Harrisburg. I rise today to speak on HR 810, which recognizes April 26, 2018, as "Pretzel Day" here in Pennsylvania. Our State currently produces nearly 80 percent of the nation's pretzels, and we are considered the birthplace of the pretzel industry. The soft pretzel, originally known as the bretzel, was first introduced by the Pennsylvania Dutch in southeastern Pennsylvania. In fact, the hard pretzel was first created at Sturgis Bakery in Lititz in the 1850s to provide a more durable and marketable snack. Sturgis Bakery went on to become the first commercial hard pretzel bakery in the United States. Also, H.K. Anderson founded the Anderson Pretzel Bakery in 1888 in Lancaster, and their recipe is still being made today. The first automatic hard pretzel twisting machine was introduced by the Reading Pretzel Machinery Company, located in Reading, in 1935. And the first pretzel museum opened in Philadelphia in 1993. As many of you know, hard-crispy and soft-bread pretzels come in all shapes, sizes, flavors, and coatings. Joining me today are several pretzel bakeries from around the Commonwealth that I would like to recognize for their hard work in continuing the pretzel-making tradition. We have guests in the back of the House – if you could please stand – from Hammond Pretzel Bakery and also from Smittie's Soft Pretzels. I was able to try out both of their products earlier and they are fantastic. So thank you for joining us. We were also joined downstairs by Philly Pretzel Factory as well, so we would like to thank them for joining us also. All of the bakeries, again, joined us, they shared their products, and many of them have already been cleaned out. There are a few remaining snacks downstairs, so please be sure to visit them. But again, we want to thank them and recognize them for continuing to carry on this tradition. We are the birthplace of the American pretzel. We continue to be that provider of those products for our nation, and again, what a terrific thing for our State to be known for. Thank you, Mr. Speaker.

REMARKS SUBMITTED FOR THE RECORD

Mr. MACKENZIE. On HR 771 I will be submitting those remarks for the record. Thank you again. Mr. MACKENZIE submitted the following remarks for the Legislative Journal: Thank you, Mr. Speaker. Today I would like to recognize April 2018 as "Child Identity Theft Awareness Month" in Pennsylvania through HR 771. Identity theft is the fastest growing crime in the United States, according to the United States Postal Inspection Service, and it affects individuals of all ages. Almost 10 million Americans are affected annually, and our children are especially vulnerable because detection may not occur until a child becomes an adult and completes an application for student loans, credit cards, and apartments.


Parents and guardians can take steps to protect their children from ID theft by shredding all documents that contain any personal, identifying information before being thrown in the trash. In addition, parents and guardians should ask schools and organizations what safeguards are in place to protect their child's personal information from the risk of identity theft. According to the Federal Trade Commission, misuse of social security numbers can occur in cases where the victim is as young as 14, and these numbers should not be shared with an unknown party. Our youth should not have to begin their adult lives with ruined credit ratings and false charges assigned to their names. The major credit bureaus offer services to check a child's credit report. The presence of a credit report on a minor could indicate the child's ID as stolen. If a child is the victim of ID theft, it is important to contact the local police immediately to begin the process to correct any errors and apprehend those committing this crime. I respectfully request that you, my House colleagues, vote "yes" on HR 771, to designate April 2018 as "Child Identity Theft Awareness Month" so we can continue raising awareness to this issue in the Commonwealth. Thank you, Mr. Speaker. The SPEAKER pro tempore. Thank you, Representative Mackenzie. The House will now be at ease.

THE SPEAKER PRO TEMPORE (JOHN MAHER) PRESIDING

LEAVES OF ABSENCE

The SPEAKER pro tempore. The House will come to order. The Chair recognizes the majority whip, who asks for leaves of absence for Representatives MOUL, Adam HARRIS, and TAYLOR. Without objection, those leaves are granted. The Chair recognizes the minority whip, who requests leaves of absence for Representatives FABRIZIO and HAGGERTY. Without objection, those leaves are granted.

MASTER ROLL CALL

The SPEAKER pro tempore. For the information of the members, the Chair is about to take the master roll call. Members should please take their seats. The Chair is about to take the master roll call. Members will proceed to vote. The following roll call was recorded: PRESENT–193 Barbin Ellis Kulik Readshaw Barrar Emrick Lawrence Reed Benninghoff English Lewis Reese Bernstine Evankovich Longietti Roae Bizzarro Evans Mackenzie Roe Bloom Everett Madden Roebuck Boback Farry Maher Rothman Boyle Fee Mako Rozzi Bradford Fitzgerald Maloney Ryan Briggs Flynn Markosek Saccone Brown, R. Frankel Marshall Sainato

Brown, V. Freeman Marsico Samuelson Bullock Fritz Masser Sankey Burns Gainey Matzie Santora Caltagirone Galloway McCarter Saylor Carroll Gillen McClinton Schemel Causer Gillespie McGinnis Schlossberg Cephas Godshall McNeill Schweyer Charlton Goodman Mehaffie Simmons Comitta Greiner Mentzer Sims Conklin Grove Metcalfe Snyder Cook Hahn Metzgar Solomon Corbin Hanna Miccarelli Sonney Corr Harkins Millard Staats Costa, D. Harper Miller, B. Stephens Costa, P. Harris, J. Miller, D. Sturla Cox Heffley Milne Tallman Cruz Helm Mullery Thomas Culver Hennessey Murt Tobash Cutler Hickernell Mustio Toepel Daley Hill Neilson Toohil Davidson Irvin Nelson Topper Davis, A. James Nesbit Vazquez Davis, T. Jozwiak O'Brien Vitali Dawkins Kampf O'Neill Walsh Day Kaufer Oberlander Ward Dean Kauffman Ortitay Warner Deasy Kavulich Pashinski Warren DeLissio Keefer Peifer Watson Delozier Keller, F. Petrarca Wentling DeLuca Keller, M.K. Pickett Wheatley Dermody Keller, W. Pyle Wheeland Diamond Kim Quigley White DiGirolamo Kinsey Quinn, C. Youngblood Donatucci Kirkland Quinn, M. Zimmerman Dowling Klunk Rabb Driscoll Knowles Rader Turzai, Dunbar Kortz Rapp Speaker Dush Krueger Ravenstahl ADDITIONS–0 NOT VOTING–0 EXCUSED–7 Christiana Gabler Harris, A. Taylor Fabrizio Haggerty Moul LEAVES ADDED–10 Barbin Davidson Quinn, M. Vitali Corbin Dean Thomas Ward Corr Evankovich LEAVES CANCELED–2 Taylor Ward The SPEAKER pro tempore. One hundred and ninety-three members having voted on the master roll, a quorum is present.

LEAVE OF ABSENCE

The SPEAKER pro tempore. The Chair recognizes the majority whip, who requests that the gentleman, Representative CHRISTIANA, be placed on leave for the remainder of the day. Without objection, that leave is granted.


GUESTS INTRODUCED

The SPEAKER pro tempore. The House is fortunate to have some important visitors today. Located to the left of the rostrum, the Chair welcomes Jayce Leleux, who is shadowing Representative Hickernell for the day. Jayce is here with his parents, Heather and Scott, and his job trainer from Lancaster-Lebanon Intermediate Unit 13, Teresa Rivera. Welcome to the Hall of the House. Also located to the left of the rostrum, the Chair welcomes Pat and Robert Thomas from Berwyn. They are guests of Representative Kampf and Representative Milne. Welcome to the hall of the House. Also seated to the left of the rostrum, the Chair welcomes Isabel Hessler and Simarjeet Kaur. They are 12th grade students at Downingtown STEM (Science, Technology, Engineering, and Mathematics) Academy and are organizers of March for Our Lives, West Chester. They are guests of Representative Comitta. Welcome to the Hall of the House. In the rear of the House, the Chair welcomes guests from the Black Ministers Association of York, who are here with our Guest Chaplain: Pastor William Kerney, Pastor Ramona Kinard, Pastor Jim Tyson, Reverend Ada Richardson, and Henry Wagstaff. They are guests of Representative Hill-Evans. Welcome to the House. Also in the rear of the House, the Chair welcomes members of the Union Baptist Church, Led By Christ Children and Youth Ministry in Allentown. They are guests of Representative Schweyer. Welcome to the Hall of the House. The House also welcomes and congratulates nine students who are being recognized by the Boys and Girls Clubs as "Youth of the Year." They are in the back of the House. They are Jeramiah Lyons, Zaria Ladice Carter, Martine Paul, Raul Mendez, David Waskiewicz, Jayla Ellis, Nicole Marie Scarpaci, Roberto Jafet Jamie, and Laniya White. They are all guests of Representative Hickernell. Congratulations. Also located in the rear of the House, the Chair welcomes guests of Representative Briggs, Linda Tasker and Beth Reed from Lower Merion. Welcome.

UNCONTESTED CALENDAR

RESOLUTIONS PURSUANT TO RULE 35

Mr. PASHINSKI called up HR 699, PN 3033, entitled: A Resolution designating April 28, 2018, as "Workers' Memorial

Day" in Pennsylvania in memory of workers killed, injured and disabled in the workplace and in recognition of the efforts of the Greater Wilkes-Barre Labor Council.

* * * Mr. MACKENZIE called up HR 771, PN 3191, entitled:

A Resolution recognizing the month of April 2018 as "Child

Identity Theft Awareness Month" in Pennsylvania.

* * *

Mrs. KEEFER called up HR 774, PN 3205, entitled: A Resolution recognizing March 29, 2018, as "Welcome Home

Vietnam Veterans Day" in Pennsylvania.

* * * Ms. CULVER called up HR 775, PN 3206, entitled:

A Resolution designating the month of April 2018 as "Sjogren's

Syndrome Awareness Month" in Pennsylvania.

* * * Ms. CULVER called up HR 776, PN 3207, entitled:

A Resolution recognizing the month of April 2018 as "National

Poetry Month" in Pennsylvania.

* * * Mr. BURNS called up HR 778, PN 3216, entitled:

A Resolution recognizing the month of March 2018 as "National

Nutrition Month" in Pennsylvania.

* * * Mr. MURT called up HR 781, PN 3219, entitled:

A Resolution designating the month of March 2018 as "American

Red Cross Month" in Pennsylvania.

* * * Mr. D. COSTA called up HR 792, PN 3240, entitled:

A Resolution recognizing April 2, 2018, as "World Autism

Awareness Day" in Pennsylvania.

* * * Mr. HICKERNELL called up HR 796, PN 3255, entitled:

A Resolution designating April 11, 2018, as "Boys and Girls Clubs

Youth of the Year Day" in Pennsylvania in recognition of the role Boys and Girls Clubs of America has played in the nation and in this Commonwealth.

* * * Mr. READSHAW called up HR 799, PN 3258, entitled:

A Resolution recognizing the week of April 8 through 14, 2018, as

"National Library Week" in Pennsylvania.

* * * Mrs. EVANS called up HR 805, PN 3264, entitled:

A Resolution designating the month of April 2018 as "Prevention

of Cruelty to Animals Month" in Pennsylvania.

* * *


Mrs. EVANS called up HR 806, PN 3265, entitled: A Resolution recognizing the week of April 16 through 20, 2018,

as "Week of the Young Child" in Pennsylvania.

* * * Mr. MACKENZIE called up HR 810, PN 3269, entitled:

A Resolution designating April 26, 2018, as "Pretzel Day" in

Pennsylvania.

* * * Mrs. BULLOCK called up HR 813, PN 3271, entitled:

A Resolution recognizing the month of April 2018 as "Fair

Housing Month" in Pennsylvania.

* * * Mr. SAYLOR called up HR 817, PN 3284, entitled:

A Resolution commemorating the 150th anniversary of the

Pennsylvania Dental Association.

* * * Mr. SCHLOSSBERG called up HR 824, PN 3303, entitled:

A Resolution designating April 7, 2018, as "Phi Mu Day" in

Pennsylvania. On the question, Will the House adopt the resolutions? The following roll call was recorded: YEAS–193 Barbin Ellis Kulik Readshaw Barrar Emrick Lawrence Reed Benninghoff English Lewis Reese Bernstine Evankovich Longietti Roae Bizzarro Evans Mackenzie Roe Bloom Everett Madden Roebuck Boback Farry Maher Rothman Boyle Fee Mako Rozzi Bradford Fitzgerald Maloney Ryan Briggs Flynn Markosek Saccone Brown, R. Frankel Marshall Sainato Brown, V. Freeman Marsico Samuelson Bullock Fritz Masser Sankey Burns Gainey Matzie Santora Caltagirone Galloway McCarter Saylor Carroll Gillen McClinton Schemel Causer Gillespie McGinnis Schlossberg Cephas Godshall McNeill Schweyer Charlton Goodman Mehaffie Simmons Comitta Greiner Mentzer Sims Conklin Grove Metcalfe Snyder Cook Hahn Metzgar Solomon Corbin Hanna Miccarelli Sonney Corr Harkins Millard Staats Costa, D. Harper Miller, B. Stephens Costa, P. Harris, J. Miller, D. Sturla Cox Heffley Milne Tallman

Cruz Helm Mullery Thomas Culver Hennessey Murt Tobash Cutler Hickernell Mustio Toepel Daley Hill Neilson Toohil Davidson Irvin Nelson Topper Davis, A. James Nesbit Vazquez Davis, T. Jozwiak O'Brien Vitali Dawkins Kampf O'Neill Walsh Day Kaufer Oberlander Ward Dean Kauffman Ortitay Warner Deasy Kavulich Pashinski Warren DeLissio Keefer Peifer Watson Delozier Keller, F. Petrarca Wentling DeLuca Keller, M.K. Pickett Wheatley Dermody Keller, W. Pyle Wheeland Diamond Kim Quigley White DiGirolamo Kinsey Quinn, C. Youngblood Donatucci Kirkland Quinn, M. Zimmerman Dowling Klunk Rabb Driscoll Knowles Rader Turzai, Dunbar Kortz Rapp Speaker Dush Krueger Ravenstahl NAYS–0 NOT VOTING–0 EXCUSED–7 Christiana Gabler Harris, A. Taylor Fabrizio Haggerty Moul The majority having voted in the affirmative, the question was determined in the affirmative and the resolutions were adopted.

UNCONTESTED SUPPLEMENTAL CALENDAR A

RESOLUTIONS PURSUANT TO RULE 35

Mr. SANTORA called up HR 818, PN 3315, entitled: A Resolution designating the month of April 2018 as "Sikh

Awareness and Appreciation Month" in Pennsylvania.

* * * Mr. SANTORA called up HR 819, PN 3316, entitled:

A Resolution recognizing April 14, 2018, as the observance of

"Vaisakhi" in Pennsylvania. On the question, Will the House adopt the resolutions?

FILMING PERMISSION

The SPEAKER pro tempore. For the information of the members, the Chair has given permission for media access to the House floor for the next 10 minutes to Punjabi TV, which will be filming our esteemed Sikh visitors and conducting still photos, as well as videotape.


CONSIDERATION OF RESOLUTIONS PURSUANT TO RULE 35

CONTINUED

The SPEAKER pro tempore. The Chair recognizes the gentleman, Representative Santora. The gentleman defers his recognition. On the question recurring, Will the House adopt the resolutions? The following roll call was recorded: YEAS–193 Barbin Ellis Kulik Readshaw Barrar Emrick Lawrence Reed Benninghoff English Lewis Reese Bernstine Evankovich Longietti Roae Bizzarro Evans Mackenzie Roe Bloom Everett Madden Roebuck Boback Farry Maher Rothman Boyle Fee Mako Rozzi Bradford Fitzgerald Maloney Ryan Briggs Flynn Markosek Saccone Brown, R. Frankel Marshall Sainato Brown, V. Freeman Marsico Samuelson Bullock Fritz Masser Sankey Burns Gainey Matzie Santora Caltagirone Galloway McCarter Saylor Carroll Gillen McClinton Schemel Causer Gillespie McGinnis Schlossberg Cephas Godshall McNeill Schweyer Charlton Goodman Mehaffie Simmons Comitta Greiner Mentzer Sims Conklin Grove Metcalfe Snyder Cook Hahn Metzgar Solomon Corbin Hanna Miccarelli Sonney Corr Harkins Millard Staats Costa, D. Harper Miller, B. Stephens Costa, P. Harris, J. Miller, D. Sturla Cox Heffley Milne Tallman Cruz Helm Mullery Thomas Culver Hennessey Murt Tobash Cutler Hickernell Mustio Toepel Daley Hill Neilson Toohil Davidson Irvin Nelson Topper Davis, A. James Nesbit Vazquez Davis, T. Jozwiak O'Brien Vitali Dawkins Kampf O'Neill Walsh Day Kaufer Oberlander Ward Dean Kauffman Ortitay Warner Deasy Kavulich Pashinski Warren DeLissio Keefer Peifer Watson Delozier Keller, F. Petrarca Wentling DeLuca Keller, M.K. Pickett Wheatley Dermody Keller, W. Pyle Wheeland Diamond Kim Quigley White DiGirolamo Kinsey Quinn, C. Youngblood Donatucci Kirkland Quinn, M. Zimmerman Dowling Klunk Rabb Driscoll Knowles Rader Turzai, Dunbar Kortz Rapp Speaker Dush Krueger Ravenstahl NAYS–0 NOT VOTING–0 EXCUSED–7 Christiana Gabler Harris, A. Taylor Fabrizio Haggerty Moul

The majority having voted in the affirmative, the question was determined in the affirmative and the resolutions were adopted.

STATEMENT BY MR. SANTORA

The SPEAKER pro tempore. The gentleman, Representative Santora, is seeking recognition under unanimous consent and is recognized to speak on the resolutions just passed. Mr. SANTORA. Thank you, Mr. Speaker. Mr. Speaker? The SPEAKER pro tempore. Will the gentleman suspend. Will the House please come to order. We have important visitors who are subject of the resolutions just adopted and we should display appropriate decorum.

THE SPEAKER (MIKE TURZAI) PRESIDING

The SPEAKER. You may proceed. Mr. SANTORA. Thank you, Mr. Speaker I would like to thank all of my colleagues for their support of HRs 818 and 819; 819 celebrating Vaisakhi Day here in Pennsylvania and around the world, and 818, Sikh Appreciation and Awareness Month. I would like to welcome our guests in the back of the House and in the gallery. They are from the Philadelphia Sikh Society, as well as the Guru Nanak Sikh Society. Please rise and be welcomed. They also have visitors from all over Pennsylvania, as well as New York, New Jersey, and other States surrounding our Commonwealth. I would like to tell you a little about Sikhism. Sikhism is a religion that was well ahead of its time when it was established and founded over 500 years ago. The Sikh religion today has over 26 million followers, which makes it the fifth largest religion in the world. Sikhism preaches a message of devotion and remembrance of God at all times. Sikhism preaches a message of living truthful, equality of mankind, and it denounces superstitions and blind rituals. Sikhism is open to all through the teaching of its 10 gurus enshrined in the Sikh holy book, and Living Guru Sri Guru Granth Sahib. When you go to a Sikh temple at any time and you are hungry, they will feed you, and there is no cost for that. They are a loving people, they are a kind people, and they are a gentle people, but do not let that fool you: they are not a weak people. They do not retreat. They are strong, intelligent, and they are very aggressive in business. They are entrepreneurs, investors in their local and more global communities. They are humble. They are loving. And speaking of humble, I am very humble to call many of them my friends. If you get to know the Sikhs, you will know that you have a friend for life. Speaking of the Vaisakhi resolution, Vaisakhi marks the birth of the Khalsa, a way of living in the Sikh religion, and commemorates formation of the Khalsa Panth of warriors under Guru Gobind Singh in 1699. In addition, it marks the harvest festival for Sikhs. During Sikh Awareness Month, get to know a Sikh, learn about Sikhism, but most important, realize they may look different to you, but they are just one of us. They are our neighbors, they are our business owners, and they are


hardworking, contributing citizens here in the United States and around the world. The Sikhs have seen a lot of persecution, including in 1984 during the Sikh Genocide, where over 30,000 Sikhs were murdered. They became a stronger people. They continue to be a stronger people each and every day, and that is why I am proud to support the resolution for Sikh Awareness Month, as well as the Vaisakhi Day resolution. Thank you all.

STATEMENT BY MR. DiGIROLAMO

The SPEAKER. Representative DiGirolamo. Mr. DiGIROLAMO. Thank you, Mr. Speaker. And just briefly, I just want to welcome all the members that are here today. We are so grateful to you to be here, very proud to have you here, and I want to especially give a shout-out to Dr. Sandhu, my good friend. The Sikh people have a very big presence in my community, and again, thank you for all that you do and congratulations on the resolutions that you had passed today, and God bless each and every one of you. Thank you. The SPEAKER. To the Philadelphia Sikh Society and the Guru Nanak Sikh Society, welcome. We are so honored. We are going to have you come up for a photo at the break. If you could stay with us, we would very much appreciate that. We are so honored to have you here in the hall of the House today. Thank you.

STATEMENT BY SPEAKER

The SPEAKER. I do apologize. This morning in the Governor's welcome chambers there was a Holocaust memorial and commemoration ceremony. I just wanted to say, I know that many of you got to meet the good Bishop, but we are so honored to have the guest of Representative Carol Hill-Evans, Bishop Carl H. Scott of the Bible Tabernacle Christian Center. Bishop, it is so wonderful to have you here. Thank you again. If you could please stand. Everybody, if you could please welcome the good Bishop.

CONSUMER AFFAIRS COMMITTEE MEETING

The SPEAKER. We are going to do committee announcements and caucus announcements at this time. Chairman Godshall, I believe, has an announcement. Chairman Godshall, the floor is yours. Mr. GODSHALL. Thank you, Mr. Speaker. I would like to remind the members of the Consumer Affairs Committee, there will be an immediate Consumer Affairs voting meeting in room B-31. I ask all committee members to please go to B-31 for an immediate voting meeting. Thank you. The SPEAKER. There will be an immediate Consumer Affairs voting meeting in room B-31.

ANNOUNCEMENT BY MR. PASHINSKI

The SPEAKER. Representative Pashinski, I believe for a meeting announcement, if I am not mistaken.

Mr. PASHINSKI. Yes. Thank you, Mr. Speaker. Grandparents Raising Grandchildren Caucus will meet at the back of the hall for a brief meeting for those that were unable to attend our meeting this morning. Thank you, Mr. Speaker. I appreciate it. The SPEAKER. Thank you, sir.

APPROPRIATIONS COMMITTEE MEETING

The SPEAKER. Representative Stan Saylor for an Appropriations Committee meeting announcement, the chair of the committee. Mr. SAYLOR. Thank you, Mr. Speaker. There will be an immediate meeting of the Appropriations Committee in the majority caucus room. Thank you, Mr. Speaker. The SPEAKER. There will be an immediate meeting of the Appropriations Committee in the majority caucus room.

REPUBLICAN CAUCUS

The SPEAKER. Representative Marcy Toepel, the majority caucus chair, for a caucus announcement . Mrs. TOEPEL. Thank you, Mr. Speaker. Republicans will caucus at 12 o' clock. We would be prepared to return to the floor at 2 o'clock. The SPEAKER. We may be back sooner than that, but we will see.

DEMOCRATIC CAUCUS

The SPEAKER. But go ahead, Representative Dermody or Representative Frankel, on a caucus announcement. Mr. DERMODY. Thank you, Mr. Speaker. Mr. Speaker, the Democrats will caucus at 12 o'clock. Thank you.

REPUBLICAN CAUCUS

The SPEAKER. Representative Toepel. Mrs. TOEPEL. I would like to make a correction. The Republicans will caucus at 12 o'clock. We would be prepared to return to the floor at 1 o'clock. Thank you.

RECESS

The SPEAKER. The House will stand in recess until 1 p.m., unless sooner recalled or extended by the Speaker. But the House will be prepared to be back on the floor at 1 p.m.

RECESS EXTENDED

The time of recess was extended until 2 p.m.; further extended until 2:30 p.m.; further extended until 2:45 p.m.

AFTER RECESS

The time of recess having expired, the House was called to order.


BILLS REPORTED FROM COMMITTEES, CONSIDERED FIRST TIME, AND TABLED

HB 1782, PN 3324 (Amended) By Rep. GODSHALL An Act amending Title 66 (Public Utilities) of the Pennsylvania

Consolidated Statutes, in rates and distribution systems, providing for alternative ratemaking for utilities.

CONSUMER AFFAIRS.

HB 2078, PN 3141 By Rep. SAYLOR An Act making appropriations from the Professional Licensure

Augmentation Account and from restricted revenue accounts within the General Fund to the Department of State for use by the Bureau of Professional and Occupational Affairs in support of the professional licensure boards assigned thereto.

APPROPRIATIONS.

HB 2079, PN 3142 By Rep. SAYLOR An Act making appropriations from the Workmen's Compensation

Administration Fund to the Department of Labor and Industry and the Department of Community and Economic Development to provide for the expenses of administering the Workers' Compensation Act, The Pennsylvania Occupational Disease Act and the Office of Small Business Advocate for the fiscal year July 1, 2018, to June 30, 2019, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2018.

APPROPRIATIONS.

HB 2080, PN 3143 By Rep. SAYLOR An Act making an appropriation from a restricted revenue account

within the General Fund to the Office of Small Business Advocate in the Department of Community and Economic Development.

APPROPRIATIONS.

HB 2081, PN 3144 By Rep. SAYLOR An Act making an appropriation from a restricted revenue account

within the General Fund to the Office of Consumer Advocate in the Office of Attorney General.

APPROPRIATIONS.

HB 2082, PN 3325 (Amended) By Rep. SAYLOR An Act making appropriations from the Public School Employees'

Retirement Fund and from the PSERS Defined Contribution Fund to provide for expenses of the Public School Employees' Retirement Board for the fiscal year July 1, 2018, to June 30, 2019, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2018.

APPROPRIATIONS.

HB 2083, PN 3146 By Rep. SAYLOR An Act making appropriations from the State Employees'

Retirement Fund and from the SERS Defined Contribution Fund to provide for expenses of the State Employees' Retirement Board for the fiscal year July 1, 2018, to June 30, 2019, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2018.

APPROPRIATIONS.

HB 2084, PN 3147 By Rep. SAYLOR An Act making appropriations from the Philadelphia Taxicab and

Limousine Regulatory Fund and the Philadelphia Taxicab Medallion Fund to the Philadelphia Parking Authority for fiscal year July 1, 2018, to June 30, 2019.

APPROPRIATIONS.

HB 2085, PN 3148 By Rep. SAYLOR An Act making appropriations from a restricted revenue account

within the General Fund and from Federal augmentation funds to the Pennsylvania Public Utility Commission for the fiscal year July 1, 2018, to June 30, 2019.

APPROPRIATIONS.

HB 2086, PN 3326 (Amended) By Rep. SAYLOR An Act making appropriations from the restricted revenue

accounts within the State Gaming Fund and from the restricted revenue accounts within the Fantasy Contest Fund and Video Gaming Fund to the Attorney General, the Department of Revenue, the Pennsylvania State Police and the Pennsylvania Gaming Control Board for the fiscal year beginning July 1, 2018, to June 30, 2019, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2018.

APPROPRIATIONS.

BILLS REREPORTED FROM COMMITTEE

HB 456, PN 3313 By Rep. SAYLOR An Act regulating tattoo, body-piercing and corrective cosmetic

artists; limiting tongue splitting; providing for powers and duties of the Department of Health; and imposing penalties.

APPROPRIATIONS.

HB 1343, PN 1662 By Rep. SAYLOR An Act amending the act of July 2, 1993 (P.L.345, No.48), entitled

"An act empowering the General Counsel or his designee to issue subpoenas for certain licensing board activities; providing for hearing examiners in the Bureau of Professional and Occupational Affairs; providing additional powers to the Commissioner of Professional and Occupational Affairs; and further providing for civil penalties and license suspension," further providing for civil penalties.

APPROPRIATIONS.

HB 1419, PN 3314 By Rep. SAYLOR An Act amending Titles 18 (Crimes and Offenses) and 42

(Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in criminal history record information, further providing for general regulations and for order for limited access and providing for clean slate limited access, for exceptions, for order to vacate order for limited access, for effects of expunged records and records subject to limited access and for employer immunity from liability; and, in juvenile matters, further providing for inspection of court files and records and for law enforcement records.

APPROPRIATIONS.


HB 1699, PN 3125 By Rep. SAYLOR An Act amending Title 75 (Vehicles) of the Pennsylvania

Consolidated Statutes, in size, weight and load, further providing for operation of certain combinations on interstate and certain other highways, repealing provisions relating to operation of motor homes on interstate and certain other highways and further providing for width of vehicles and for length of vehicles; and, in administration and enforcement, further providing for specific powers of department and local authorities.

APPROPRIATIONS.

HB 2124, PN 3122 By Rep. SAYLOR An Act amending the act of March 10, 1949 (P.L.30, No.14),

known as the Public School Code of 1949, in preliminary provisions, providing for information regarding education loans.

APPROPRIATIONS.

SB 844, PN 1531 By Rep. SAYLOR An Act amending Title 23 (Domestic Relations) of the

Pennsylvania Consolidated Statutes, in child custody, further providing for standing for any form of physical custody or legal custody, for standing for partial physical custody and supervised physical custody and for consideration of criminal conviction.

APPROPRIATIONS.


CALENDAR

BILL ON SECOND CONSIDERATION

The House proceeded to second consideration of HB 2050, PN 3034, entitled:

An Act amending Title 18 (Crimes and Offenses) of the

Pennsylvania Consolidated Statutes, in abortion, further providing for definitions and for medical consultation and judgment. On the question, Will the House agree to the bill on second consideration? Mr. FRANKEL offered the following amendment No. A06341:

Amend Bill, page 2, by inserting between lines 19 and 20 (3) The exercise of a physician's best clinical judgment

under this section or any other requirement of this chapter shall not be construed to:

(i) Require a licensed health care practitioner to provide a patient with:

(A) information that is not medically accurate and medically appropriate for the patient; or

(B) a medical service in a manner that is not evidence-based and appropriate for the patient. (ii) Prohibit a licensed health care practitioner

from providing a patient with: (A) information that is medically

accurate and medically appropriate for the

patient; or (B) a medical service in a manner that is

evidence-based and appropriate for the patient. On the question, Will the House agree to the amendment? The SPEAKER pro tempore. On the question of the amendment, the Chair recognizes the gentleman from Allegheny County, Representative Frankel. Mr. FRANKEL. Thank you, Mr. Speaker. I rise to offer amendment A06341. My amendment, which I call the patient trust amendment, would make certain that if this legislation becomes law and the department creates regulations explaining exactly how it is to be implemented, health-care providers are protected from being forced to practice bad medicine. Plain and simple, the amendment says that health-care providers cannot be forced to give false information to patients, perform unnecessary procedures, or engage with patients in any way that contradicts their expertise. As legislators, we must be careful not to overstep and ask our health-care professionals to practice in a way that is not in line with their professional code or the evidence of the best way to practice medicine. These professionals spend upwards of a decade of their life learning how to care for patients in accordance with what works to get them well. Universities and hospitals are dedicated to ongoing research and study to advance the practice of medical care and to make sure doctors and health-care professionals are getting it right. This amendment makes sure that when we, as legislators, decide it is our business to tell doctors how to do their business, at a minimum, we are not forcing them to contradict science and evidence. In this case, the underlying bill addresses the intimate and personal decisionmaking of a woman and the professionals attempting to support her in the safest way possible. But without this amendment, we are in danger of turning doctors and health-care providers into inquisitors or criminals. How exactly are providers supposed to determine what is driving a patient or a family decision? A 20-step questionnaire? A lie detector test? Should medical professionals be prying into the motives of patients at all? Your doctor is not your priest, your husband, or your best friend; they are your doctor. Their job is not to provide spiritual or ethical counsel; it is to provide health care. This amendment attempts to ameliorate the impact of the legislation by ensuring that we cannot require any health-care provider to practice medicine in a way that is not evidence-based. We cannot require them to ask questions of patients that may not be any of their darn business or have anything to do with the health-care services provided. Adding this amendment will not make this legislation good by any stretch of the imagination, but at least, at least it will be a step toward acknowledging that physicians, nurses, and health-care providers are governed by personal and professional standards of their own and should not be forced to practice what they know is bad medicine. We are lawmakers; we are not doctors. Let us start acting like we know the difference. I ask my colleagues to support this amendment. Thank you. The SPEAKER pro tempore. The Chair thanks the gentleman.


The Chair recognizes the gentleman, Representative Cutler, on the amendment. Mr. CUTLER. Thank you, Mr. Speaker. Mr. Speaker, I would like to point out a few issues and concerns of the gentleman's amendment. In regards to what is contained in the bill, it is important to note that nothing requires the treating health-care practitioner to provide information to the patient. That is already assumed. That is assumed, according to the oath that they take as medical practitioners. Further, the clarification that this amendment purports to put to the bill I think actually has major concerns. The information could potentially be withheld if the information is deemed to not be appropriate for the patient. That belief that the gentleman is pushing I believe would violate the standard medical practice of having the patient fully informed prior to the procedure. Mr. Speaker, informed consent is a foundation of our medical practice, and I believe in full informed consent. Finally, if those arguments are not persuasive, Mr. Speaker, I would note that there is a drafting error in the bill in which physicians and licensed health-care practitioners are used interchangeably and not consistently. The licensed health-care practitioners are not defined in the bill and they are not defined otherwhere in the code, and therefore, this amendment as drafted is internally inconsistent. For all of the above reasons I would urge a "no" vote.

LEAVES OF ABSENCE

The SPEAKER pro tempore. The Chair recognizes the majority whip, who asks that Representative CORBIN be placed on leave for the balance of the day. Without objection, that leave shall be granted. The Chair recognizes the minority whip, who asks that the gentlemen, Representative VITALI and Representative THOMAS, be placed on leave. Without objection, those leaves shall be granted.

CONSIDERATION OF HB 2050 CONTINUED

On the question recurring, Will the House agree to the amendment? The following roll call was recorded: YEAS–63 Bizzarro Davis, A. Harris, J. Pashinski Boyle Davis, T. Keller, W. Rabb Bradford Dawkins Kim Ravenstahl Briggs Dean Kinsey Roebuck Brown, V. DeLissio Kirkland Rozzi Bullock DeLuca Kortz Samuelson Caltagirone Dermody Krueger Schlossberg Carroll Donatucci Madden Schweyer Cephas Driscoll Markosek Sims Comitta Evans Matzie Solomon Conklin Fitzgerald McCarter Sturla Costa, D. Flynn McClinton Vazquez Costa, P. Frankel McNeill Warren Cruz Freeman Miller, D. Wheatley Daley Gainey Neilson Youngblood Davidson Harkins O'Brien

NAYS–127 Barbin Gillespie Maloney Reese Barrar Godshall Marshall Roae Benninghoff Goodman Marsico Roe Bernstine Greiner Masser Rothman Bloom Grove McGinnis Ryan Boback Hahn Mehaffie Saccone Brown, R. Hanna Mentzer Sainato Burns Harper Metcalfe Sankey Causer Heffley Metzgar Santora Charlton Helm Miccarelli Saylor Cook Hennessey Millard Schemel Corr Hickernell Miller, B. Simmons Cox Hill Milne Snyder Culver Irvin Mullery Sonney Cutler James Murt Staats Day Jozwiak Mustio Stephens Deasy Kampf Nelson Tallman Delozier Kaufer Nesbit Tobash Diamond Kauffman O'Neill Toepel DiGirolamo Kavulich Oberlander Toohil Dowling Keefer Ortitay Topper Dunbar Keller, F. Peifer Walsh Dush Keller, M.K. Petrarca Ward Ellis Klunk Pickett Warner Emrick Knowles Pyle Watson English Kulik Quigley Wentling Evankovich Lawrence Quinn, C. Wheeland Everett Lewis Quinn, M. White Farry Longietti Rader Zimmerman Fee Mackenzie Rapp Fritz Maher Readshaw Turzai, Galloway Mako Reed Speaker Gillen NOT VOTING–0 EXCUSED–10 Christiana Gabler Moul Thomas Corbin Haggerty Taylor Vitali Fabrizio Harris, A. Less than the majority having voted in the affirmative, the question was determined in the negative and the amendment was not agreed to. On the question recurring, Will the House agree to the bill on second consideration? The SPEAKER pro tempore. The Chair recognizes Representative Schweyer, who calls up amendment A06334, which the Chair understands the gentleman intends to withdraw, but he wishes to be recognized. Is that correct? The gentleman is in order to proceed. Mr. SCHWEYER. Thank you, Mr. Speaker. Mr. Speaker, I had planned to offer amendment A6334, and very simply, it would delay the implementation of the provisions of HB 2050 until such time as there would be laws in place to provide for paid sick leave to individuals caring for persons with Down syndrome. I argue that the underlying bill presents a gross intrusion into the very difficult and personal decision undertaken by women and their physicians and trusted medical provisions. However, if we are going to choose to take these decisions, as a legislative branch, and take these decisions out of the hands of the women and the doctors, then I believe,


Mr. Speaker, it is only appropriate that we do so after enacting meaningful legislation that ensures that parents who need to take time off of work to care for a child who has Down syndrome should have the protections in place to be able to do so. Mr. Speaker, if we really are truly caring and concerned about the lives of these folks, we certainly need to do so from the day after they are born every bit as much as the intent of 2050 has. So, Mr. Speaker, I argue that that needs to take place. I understand this legislation will be ruled out of order. So with that, Mr. Speaker, I will withdraw said amendment. Thank you, sir. The SPEAKER pro tempore. The Chair thanks the gentleman and appreciates his discretion is the better part of valor. The Chair recognizes Representative Gainey on amendment A06333, with the understanding the gentleman intends to withdraw that amendment. Is that correct? You are in order to proceed. Mr. GAINEY. Thank you, Mr. Speaker. I am going to withdraw the amendment, A06333. Very simply, this amendment would delay the implementation of HB 2050 until such time as a meaningful paid maternity leave legislation has been enacted to protect women caring for individuals with Down syndrome. My amendment would provide much-needed workplace and financial protection to women, in light of the intrusive provision put into place by this underlying bill. The bill before us has the potential to place many women in a position where they could lose their jobs if they need to take time off to care for a child with Down syndrome. If members of this House want to vote to place restrictions on constitutional rights of women in the Commonwealth, then I believe they would also want to vote for an amendment that provides for a safety net for those same women. Sir, I will be withdrawing, Mr. Speaker. I just wanted to speak on it. The SPEAKER pro tempore. The Chair appreciates the gentleman's remarks and discretion and recognizes Representative Krueger-Braneky on amendment A06332, with the understanding that the gentlelady intends to withdraw that amendment. Is that correct? You are in order for your comments. Please proceed. Ms. KRUEGER. Thank you, Mr. Speaker. I have drafted this amendment to HB 2050 because, very simply, if we are requiring a woman to carry a pregnancy for any reason, I believe we should also be providing the maternity care that it requires to make sure that she has a healthy pregnancy. This amendment would have delayed implementation of HB 2050 until such time as there were programs in place to guarantee full maternity health coverage for a woman during pregnancy and the postpartum period, if she gave birth as a direct result of the restrictions put in place by this bill. Mr. Speaker, members of this chamber are being asked to unnecessarily interfere in one of the most personal, private, and oftentimes painful decisions that a woman, her family, and her health-care provider can make. If we are going to do that, then we absolutely must provide the support that they need for health-care coverage. These pregnancies can be high-risk. They can be challenging. They can be expensive.

Again, if we are going to put restrictions in place that cause women to carry pregnancies, then we should provide every support that they need, including the supports for families with children with intellectual disabilities. I do withdraw my amendment. Thank you, Mr. Speaker. The SPEAKER pro tempore. The Chair thanks the gentlelady.

AMENDMENT RULED OUT OF ORDER

The SPEAKER pro tempore. For the information of the members, the Chair has ruled amendment A06320, by Representative Dan Miller, as being out of order.

RULING OF CHAIR APPEALED

Mr. DERMODY. Mr. Speaker? The SPEAKER pro tempore. For what purpose does the minority leader seek recognition? Mr. DERMODY. To appeal the ruling of the Chair, Mr. Speaker. The SPEAKER pro tempore. You are in order. Proceed. Mr. DERMODY. Mr. Speaker, pursuant to the single-subject rule, a statute can contain any number of provisions properly connected and germane to the subject of the bill. If the amendment addresses the same subject as the bill, then it passes muster under the single-subject rule. Mr. Speaker, HB 2050's stated purpose is to protect children with Down syndrome. The bill provides that "No abortion shall be deemed necessary if sought exclusively…" based on "…a prenatal diagnosis of, or belief that the unborn child has, Down syndrome." The result of the bill is that many more children with Down syndrome will be born. Unfortunately, however, Mr. Speaker, while the bill does provide protections for the child in utero, it does nothing to provide for the child once it is born. With an increase in children being born with Down syndrome, there will be an increase in the need for the funding, services, and resources to support these children, and, Mr. Speaker, that is where this amendment ties in. Amendment 6320 provides that the underlying provisions of the bill cannot take place until the Department of Human Services implements a Medicaid home- and community-based services waiver program that provides all eligible individuals with Down syndrome the services they need. Mr. Speaker, protecting a child with Down syndrome does not end when the child is born. We have a responsibility to also provide for these children's lives when they are born. That is what this amendment does. It protects children with Down syndrome. This bill also protects children with Down syndrome. Do the right thing. Protect the lives of children with Down syndrome. So I ask that you support me in overruling the Chair in voting that the amendment is germane to the bill and does not violate the single-subject rule. Thank you, Mr. Speaker. The SPEAKER pro tempore. The Chair thanks the gentleman.


On the question, Shall the decision of the Chair stand as the judgment of the House? The SPEAKER pro tempore. The Chair recognizes the majority leader, Mr. Reed. The majority leader defers to the gentleman from Allegheny County. On the question, Representative Miller, you may proceed. Mr. D. MILLER. Thank you, Mr. Speaker. Mr. Speaker, I believe my amendment is at the heart of the subject of the underlying bill. If we were to ask the questions as to why might someone not have an abortion based on a Down syndrome diagnosis – now, assuming that that calculation is being made – some of the questions that could come up are, what does that diagnosis mean? How does it impact the family? How can I make things work? And I can tell you that questions of disabilities impact every parent at every time. So let us go with the logic that someone, when they do the test, is having a question regarding, how can I best raise a child with Down syndrome? Obviously, it ties together. The SPEAKER pro tempore. I would like to remind the gentleman that the question before us is whether or not the decision of the Chair should be sustained, and I would ask you to try to trim your sails back in that direction. Mr. D. MILLER. I appreciate it. Obviously, they tie together, because we are assuming that the person makes that determination, in order for the bill to make sense, the person has to say, okay, someone is making a determination based on the diagnosis. So someone is deciding to make a determination because of the diagnosis. I will accept that framing. What my bill does to tie it to that subject is to say, we in the State will help. So if you are making that determination based on some sort of belief that the diagnosis will be too difficult, that the burdens will be too great, that the cost and future of that child will be too much beyond you to bear, and that is what is impacting your decision, my amendment would say, do not worry. The State will walk with you. The State will be there for you. The State cares about the life of that child with you and will not let you stand alone. So my belief is, to be honest, I have never had an amendment more tied to the subject of that bill, or a bill, and I believe that the motion should be adopted and we should move forward to debate the issue. Thank you, Mr. Speaker. The SPEAKER pro tempore. I appreciate the gentleman's remarks and I will remind anybody else who might be speaking – I gave the gentleman some leeway since it was his amendment that is at stake here – but the question before the House is, shall the decision of the Chair stand as the judgment of the House? That is the entirety of the question that is before the House. On that question, the Chair recognizes the majority leader, Representative Reed. Mr. REED. Thank you very much, Mr. Speaker. I would ask the members to uphold the procedural ruling, to vote to uphold the ruling of the Chair. Thank you, Mr. Speaker. The SPEAKER pro tempore. On the question, those in favor of sustaining the ruling of the Chair shall vote "aye"; those seeking to overturn the ruling of the Chair shall vote "nay."

On the question recurring, Shall the decision of the Chair stand as the judgment of the House? The following roll call was recorded: YEAS–114 Barrar Gillen Marshall Roae Benninghoff Gillespie Marsico Roe Bernstine Godshall Masser Rothman Bloom Greiner McGinnis Ryan Boback Grove Mehaffie Saccone Brown, R. Hahn Mentzer Sankey Causer Harper Metcalfe Santora Charlton Heffley Metzgar Saylor Cook Helm Miccarelli Schemel Corr Hennessey Millard Simmons Cox Hickernell Miller, B. Sonney Culver Hill Milne Staats Cutler Irvin Murt Stephens Day James Mustio Tallman Delozier Jozwiak Nelson Tobash DeLuca Kampf Nesbit Toepel Diamond Kaufer O'Neill Toohil DiGirolamo Kauffman Oberlander Topper Dowling Keefer Ortitay Walsh Dunbar Keller, F. Peifer Ward Dush Keller, M.K. Pickett Warner Ellis Klunk Pyle Watson Emrick Knowles Quigley Wentling English Lawrence Quinn, C. Wheeland Evankovich Lewis Quinn, M. White Everett Mackenzie Rader Zimmerman Farry Maher Rapp Fee Mako Reed Turzai, Fritz Maloney Reese Speaker NAYS–76 Barbin Davis, T. Kavulich Pashinski Bizzarro Dawkins Keller, W. Petrarca Boyle Dean Kim Rabb Bradford Deasy Kinsey Ravenstahl Briggs DeLissio Kirkland Readshaw Brown, V. Dermody Kortz Roebuck Bullock Donatucci Krueger Rozzi Burns Driscoll Kulik Sainato Caltagirone Evans Longietti Samuelson Carroll Fitzgerald Madden Schlossberg Cephas Flynn Markosek Schweyer Comitta Frankel Matzie Sims Conklin Freeman McCarter Snyder Costa, D. Gainey McClinton Solomon Costa, P. Galloway McNeill Sturla Cruz Goodman Miller, D. Vazquez Daley Hanna Mullery Warren Davidson Harkins Neilson Wheatley Davis, A. Harris, J. O'Brien Youngblood NOT VOTING–0 EXCUSED–10 Christiana Gabler Moul Thomas Corbin Haggerty Taylor Vitali Fabrizio Harris, A. Less than a majority of the members elected to the House having voted in the negative, the decision of the Chair stood as the judgment of the House.


On the question recurring, Will the House agree to the bill on second consideration?

AMENDMENT RULED OUT OF ORDER

The SPEAKER pro tempore. For the information of the members, the Chair has ruled that amendment A06329, by Representative Madden, is out of order.


Mr. DERMODY. Mr. Speaker? The SPEAKER pro tempore. The Chair recognizes the minority leader. For what purpose do you seek recognition? Mr. DERMODY. To appeal the ruling of the Chair, Mr. Speaker. The SPEAKER pro tempore. You may proceed. Mr. DERMODY. Thank you, Mr. Speaker. Mr. Speaker, for all the reasons that I stated on the previous motion, I appeal the ruling of the Chair that this violates the single-subject rule. This amendment is germane and does not violate the single-subject rule, for all the reasons previously stated. Thank you, Mr. Speaker. The SPEAKER pro tempore. The Chair thanks the gentleman. On the question, Shall the decision of the Chair stand as the judgment of the House?

LEAVE OF ABSENCE

The SPEAKER pro tempore. The Chair recognizes the majority whip, who asks that Representative WARD be placed on leave for the balance of the day. Without objection, that leave is granted.


The SPEAKER pro tempore. On the question of whether or not the decision of the Chair should stand as the judgment of the House, the Chair recognizes the majority leader, Representative Reed. Mr. REED. Thank you very much, Mr. Speaker. I would ask the members to uphold the ruling of the Chair. Thank you. The SPEAKER pro tempore. Representative Madden, are you seeking recognition? Representative Madden is recognized on the question of whether or not the decision of the Chair should stand. Ms. MADDEN. Thank you, Mr. Speaker. On the point of why this amendment is germane, I would like to say that my amendment would seek to delay the implementation of HB 2050 until additional funding for foster care and adoption homes has been made available to all eligible individuals with Down syndrome. By greatly intruding on deeply personal and difficult decisions made by women, their family, and their doctor, the underlying bill has the potential to increase the number of children put up for adoption and placed in foster care. With that

in mind, it is imperative that additional funding be put into place for foster care and adoption services— The SPEAKER pro tempore. Representative Madden, I know you are not frequently seeking the attention of the entire House. I would hope that people will be listening, but I would like to remind you, the question before us is simply whether or not the decision of the Chair shall stand. It is not about the content of the amendment per se. Ms. MADDEN. Mr. Speaker, it is difficult to explain how the amendment is germane if I am not explaining the amendment or in order. The SPEAKER pro tempore. Well, do the very best you can. Ms. MADDEN. Okay. If we pass HB 2050, we are going to put the lives of many innocent babies in peril— Mr. REED. Mr. Speaker? Ms. MADDEN. —and we are going to need to provide for them. The SPEAKER pro tempore. The gentlelady will suspend.

POINT OF ORDER

The SPEAKER pro tempore. The Chair recognizes the majority leader. For what purpose do you seek recognition? Mr. REED. Mr. Speaker, I believe we are on appealing the ruling of the Chair on an amendment. We are not on the original bill, and I would just ask the lady to constrain herself, at least to be in the ballpark of that appeal and the amendment. Thank you. The SPEAKER pro tempore. The gentleman is quite correct, and we do not have a three-strike rule here, but please. Ms. MADDEN. Mr. Speaker, once again, I am explaining how my amendment— Mr. DERMODY. Mr. Speaker? If I may? Ms. MADDEN. —works with the underlying bill. The SPEAKER pro tempore. Will the gentlelady suspend. Will the minority leader explain why he is seeking recognition. Mr. DERMODY. I am seeking recognition because, Mr. Speaker, in order for any member here to be able to explain why a bill is germane and why it does not violate the single-subject rule, they have to have some leeway to explain what the amendment does and why it does not violate the single-subject rule, and I believe the Representative from Monroe County ought to be able to do that. The SPEAKER pro tempore. And you will be happy to know, I think you are also quite correct. Maybe I might suggest the line of demarcation is an expression of what the content of the amendment is and why one believes that that amendment is in order, relative to the bill, would be in order. Expressions of the merits of the contents of that amendment and the underlying thought process and so on and so forth are going to the underlying amendment and not the question. So with the guidance suggested by both the minority and majority leaders, Representative Madden, you have attracted considerable attention to your remarks, and I wish you well threading the needle, but please do so. Ms. MADDEN. Thank you, Mr. Speaker. In seeking to pass HB 2050, we are not contemplating the ramifications and the consequences of forcing women to carry children to term that they may not be able to take care of, have


the resources, and my amendment seeks to provide those resources for this bill. The gentlelady from Monroe County has explained herself, and thank you. The SPEAKER pro tempore. Thank you very much, and congratulations on finding this promised land.

LEAVE OF ABSENCE CANCELED

The SPEAKER pro tempore. The Chair recognizes the majority whip, who notes the presence on the floor of Representative Ward, who will be removed from the leave list.


The SPEAKER pro tempore. The question before the House is, shall the decision of Chair stand as the judgment of the House? Those in favor of sustaining the Chair's decision will vote "aye"; those opposed to the Chair's decision will vote "no." On the question recurring, Shall the decision of the Chair stand as the judgment of the House? The following roll call was recorded: YEAS–113 Barrar Gillespie Marsico Roe Benninghoff Godshall Masser Rothman Bernstine Greiner McGinnis Ryan Bloom Grove Mehaffie Saccone Boback Hahn Mentzer Sankey Brown, R. Harper Metcalfe Santora Causer Heffley Metzgar Saylor Charlton Helm Miccarelli Schemel Cook Hennessey Millard Simmons Corr Hickernell Miller, B. Sonney Cox Hill Milne Staats Culver Irvin Murt Stephens Cutler James Mustio Tallman Day Jozwiak Nelson Tobash Delozier Kampf Nesbit Toepel Diamond Kaufer O'Neill Toohil DiGirolamo Kauffman Oberlander Topper Dowling Keefer Ortitay Walsh Dunbar Keller, F. Peifer Ward Dush Keller, M.K. Pickett Warner Ellis Klunk Pyle Watson Emrick Knowles Quigley Wentling English Lawrence Quinn, C. Wheeland Evankovich Lewis Quinn, M. White Everett Mackenzie Rader Zimmerman Farry Maher Rapp Fee Mako Reed Turzai, Fritz Maloney Reese Speaker Gillen Marshall Roae NAYS–77 Barbin Dawkins Kavulich Pashinski Bizzarro Dean Keller, W. Petrarca Boyle Deasy Kim Rabb Bradford DeLissio Kinsey Ravenstahl Briggs DeLuca Kirkland Readshaw Brown, V. Dermody Kortz Roebuck Bullock Donatucci Krueger Rozzi Burns Driscoll Kulik Sainato Caltagirone Evans Longietti Samuelson

Carroll Fitzgerald Madden Schlossberg Cephas Flynn Markosek Schweyer Comitta Frankel Matzie Sims Conklin Freeman McCarter Snyder Costa, D. Gainey McClinton Solomon Costa, P. Galloway McNeill Sturla Cruz Goodman Miller, D. Vazquez Daley Hanna Mullery Warren Davidson Harkins Neilson Wheatley Davis, A. Harris, J. O'Brien Youngblood Davis, T. NOT VOTING–0 EXCUSED–10 Christiana Gabler Moul Thomas Corbin Haggerty Taylor Vitali Fabrizio Harris, A. Less than a majority of the members elected to the House having voted in the negative, the decision of the Chair stood as the judgment of the House. On the question recurring, Will the House agree to the bill on second consideration?

AMENDMENT RULED OUT OF ORDER The SPEAKER pro tempore. For the information of the members, amendment A06330, by Representative DeLissio, has been ruled out of order.


The SPEAKER pro tempore. Is the minority leader seeking recognition? Mr. DERMODY. I am, Mr. Speaker. The SPEAKER pro tempore. For what purpose are you seeking recognition? Mr. DERMODY. To appeal the ruling of the Chair, Mr. Speaker. The SPEAKER pro tempore. The gentleman is in order to proceed. Mr. DERMODY. Thank you, Mr. Speaker. And as I stated previously, for all the reasons I have stated for the previous motions, I appeal the ruling of the Chair because this amendment does not violate the single-subject rule. The SPEAKER pro tempore. The Chair thanks the gentleman. On the question, Shall the decision of the Chair stand as the judgment of the House? The SPEAKER pro tempore. Representative DeLissio, are you seeking recognition on the question? Ms. DeLISSIO. I do, Mr. Speaker. The SPEAKER pro tempore. I hope you will keep guidance to the earlier speakers in mind. Ms. DeLISSIO. I was listening intently, Mr. Speaker. The SPEAKER pro tempore. Thank you. You are in order on the question of whether or not the decision of the Chair should be sustained.


Ms. DeLISSIO. I seem to have everybody's attention now. The bill and the amendment, as far as I am concerned, are indeed a single subject; a single subject. The bill requires female citizens of the Commonwealth to take a certain action and those actions are going to have a variety of consequences. My amendment indeed addresses those consequences. The SPEAKER pro tempore. The Chair thanks the gentlelady— Ms. DeLISSIO. You are welcome, Mr. Speaker. The SPEAKER pro tempore. —and encourages others to take notice of how it is done. The Chair recognizes the majority leader, Representative Reed, on the question. Mr. REED. Thank you very much, Mr. Speaker. I would, in spite of a very brief and on-point explanation, which I appreciate, I would again ask the members to uphold the ruling of the Chair. Thank you. The SPEAKER pro tempore. Those voting to sustain the ruling of the Chair will vote "aye"; those opposed, "no." On the question recurring, Shall the decision of the Chair stand as the judgment of the House? The following roll call was recorded: YEAS–113 Barrar Gillespie Marsico Roe Benninghoff Godshall Masser Rothman Bernstine Greiner McGinnis Ryan Bloom Grove Mehaffie Saccone Boback Hahn Mentzer Sankey Brown, R. Harper Metcalfe Santora Causer Heffley Metzgar Saylor Charlton Helm Miccarelli Schemel Cook Hennessey Millard Simmons Corr Hickernell Miller, B. Sonney Cox Hill Milne Staats Culver Irvin Murt Stephens Cutler James Mustio Tallman Day Jozwiak Nelson Tobash Delozier Kampf Nesbit Toepel Diamond Kaufer O'Neill Toohil DiGirolamo Kauffman Oberlander Topper Dowling Keefer Ortitay Walsh Dunbar Keller, F. Peifer Ward Dush Keller, M.K. Pickett Warner Ellis Klunk Pyle Watson Emrick Knowles Quigley Wentling English Lawrence Quinn, C. Wheeland Evankovich Lewis Quinn, M. White Everett Mackenzie Rader Zimmerman Farry Maher Rapp Fee Mako Reed Turzai, Fritz Maloney Reese Speaker Gillen Marshall Roae NAYS–77 Barbin Dawkins Kavulich Pashinski Bizzarro Dean Keller, W. Petrarca Boyle Deasy Kim Rabb Bradford DeLissio Kinsey Ravenstahl Briggs DeLuca Kirkland Readshaw Brown, V. Dermody Kortz Roebuck Bullock Donatucci Krueger Rozzi Burns Driscoll Kulik Sainato

Caltagirone Evans Longietti Samuelson Carroll Fitzgerald Madden Schlossberg Cephas Flynn Markosek Schweyer Comitta Frankel Matzie Sims Conklin Freeman McCarter Snyder Costa, D. Gainey McClinton Solomon Costa, P. Galloway McNeill Sturla Cruz Goodman Miller, D. Vazquez Daley Hanna Mullery Warren Davidson Harkins Neilson Wheatley Davis, A. Harris, J. O'Brien Youngblood Davis, T. NOT VOTING–0 EXCUSED–10 Christiana Gabler Moul Thomas Corbin Haggerty Taylor Vitali Fabrizio Harris, A. Less than a majority of the members elected to the House having voted in the negative, the decision of the Chair stood as the judgment of the House. On the question recurring, Will the House agree to the bill on second consideration?

AMENDMENT RULED OUT OF ORDER The SPEAKER pro tempore. For the information of the members, amendment A06331, by Representative Schlossberg, has been ruled out of order.


The SPEAKER pro tempore. Is the minority leader seeking recognition? Mr. DERMODY. Yes, Mr. Speaker, to appeal the ruling of the Chair. The SPEAKER pro tempore. You are in order and may proceed. Mr. DERMODY. Thank you, Mr. Speaker. Mr. Speaker, I appeal the ruling of the Chair because amendment 6331 does not violate the single-subject rule for all the reasons we have stated on the previous motion. On the question, Shall the decision of the Chair stand as the judgment of the House? The SPEAKER pro tempore. The Chair thanks the gentleman and on that question recognizes Representative Schlossberg, on the question of whether or not the ruling of the Chair should be sustained. Mr. SCHLOSSBERG. Thank you, Mr. Speaker. I will endeavor to meet your instructions. There is an irony, I believe, to the ruling of the Chair that my amendment violates the single-subject clause. This bill is being debated as a pro-life piece of legislation that is designed to save lives of individuals with Down syndrome. I firmly believe that my amendment is also a pro-life amendment designed to save the life and in fact improve the quality of life of people with Down syndrome.


Now, my amendment specifically delays the implementation of this bill until the appropriate funding is provided for early intervention services for all children with Down syndrome. There is an irony, I believe, to the ruling of the Chair, in that it fundamentally treats birth and life as two different things. Now, those of you who have paid attention to me understand my record as being very pro-choice. That being said, I have always considered myself to be someone who advocates for the quality of life of a child in question. I firmly believe that my amendment, which would expand early intervention services, is absolutely critical to the success, ultimately, of the end goal of this bill, which is caring for children with Down syndrome. And it is for that reason that I urge the ruling of the Chair be appealed. Thank you. The SPEAKER pro tempore. The Chair thanks the gentleman. On the question, the Chair recognizes the majority leader, Representative Reed. Mr. REED. Thank you very much, Mr. Speaker. Once again I would ask the members to uphold the ruling of the Chair. Thank you. The SPEAKER pro tempore. The question is, shall the decision of the Chair stand as the judgment of the House? Those in favor of sustaining the Chair's decision will vote "aye"; those opposed, "no." On the question recurring, Shall the decision of the Chair stand as the judgment of the House? The following roll call was recorded: YEAS–113 Barrar Gillespie Marsico Roe Benninghoff Godshall Masser Rothman Bernstine Greiner McGinnis Ryan Bloom Grove Mehaffie Saccone Boback Hahn Mentzer Sankey Brown, R. Harper Metcalfe Santora Causer Heffley Metzgar Saylor Charlton Helm Miccarelli Schemel Cook Hennessey Millard Simmons Corr Hickernell Miller, B. Sonney Cox Hill Milne Staats Culver Irvin Murt Stephens Cutler James Mustio Tallman Day Jozwiak Nelson Tobash Delozier Kampf Nesbit Toepel Diamond Kaufer O'Neill Toohil DiGirolamo Kauffman Oberlander Topper Dowling Keefer Ortitay Walsh Dunbar Keller, F. Peifer Ward Dush Keller, M.K. Pickett Warner Ellis Klunk Pyle Watson Emrick Knowles Quigley Wentling English Lawrence Quinn, C. Wheeland Evankovich Lewis Quinn, M. White Everett Mackenzie Rader Zimmerman Farry Maher Rapp Fee Mako Reed Turzai, Fritz Maloney Reese Speaker Gillen Marshall Roae

NAYS–77 Barbin Dawkins Kavulich Pashinski Bizzarro Dean Keller, W. Petrarca Boyle Deasy Kim Rabb Bradford DeLissio Kinsey Ravenstahl Briggs DeLuca Kirkland Readshaw Brown, V. Dermody Kortz Roebuck Bullock Donatucci Krueger Rozzi Burns Driscoll Kulik Sainato Caltagirone Evans Longietti Samuelson Carroll Fitzgerald Madden Schlossberg Cephas Flynn Markosek Schweyer Comitta Frankel Matzie Sims Conklin Freeman McCarter Snyder Costa, D. Gainey McClinton Solomon Costa, P. Galloway McNeill Sturla Cruz Goodman Miller, D. Vazquez Daley Hanna Mullery Warren Davidson Harkins Neilson Wheatley Davis, A. Harris, J. O'Brien Youngblood Davis, T. NOT VOTING–0 EXCUSED–10 Christiana Gabler Moul Thomas Corbin Haggerty Taylor Vitali Fabrizio Harris, A. Less than a majority of the members elected to the House having voted in the negative, the decision of the Chair stood as the judgment of the House. On the question recurring, Will the House agree to the bill on second consideration?

AMENDMENT RULED OUT OF ORDER The SPEAKER pro tempore. For the information of the members, amendment A06335, by Representative Daley, has been ruled out of order.


The SPEAKER pro tempore. Is the minority leader seeking recognition? Mr. DERMODY. Yes, Mr. Speaker, to appeal the ruling of the Chair. The SPEAKER pro tempore. You are in order and may proceed. Mr. DERMODY. Thank you, Mr. Speaker. I appeal the ruling of the Chair because, once again, this amendment does not violate the single-subject rule, for all the reasons I have stated in the previous motion. Thank you, Mr. Speaker. On the question, Shall the decision of the Chair stand as the judgment of the House?


The SPEAKER pro tempore. On the question, the Chair recognizes Representative Daley, on the ruling of the Chair. Ms. DALEY. Thank you, Mr. Speaker. Mr. Speaker, pursuant to the single-subject rule, a statute can contain any number of provisions properly connected with and germane to the subject of the bill. If an amendment addresses the same subject as the bill, then it passes muster under the single-subject rule. Mr. Speaker, HB 2050's stated purpose is to protect children with Down syndrome. The bill itself provides that "no abortion shall be deemed necessary if sought exclusively…" based on "…a prenatal diagnosis of, or belief that the unborn child has, Down syndrome." The result of the bill is that many more children with Down syndrome will be born. Unfortunately, Mr. Speaker, while the bill does provide protections for the child in utero, it does nothing to provide for the child once it is born. With an increase in children being born with Down syndrome, there will be an increase in the need for funding, services, and resources to support these children. Mr. Speaker, that is where this amendment ties in. A06335 provides that the underlying provisions of the bill cannot take place until the Department of Human Services implements a program providing lifetime medical assistance for individuals with Down syndrome, without gaps in coverage. Mr. Speaker, protecting a child with Down syndrome does not end when that child is born. We have a responsibility to also provide for these children's lives after they are born. That is what this amendment does. It protects children with Down syndrome. Do the right thing. Protect the lives of children with Down syndrome. I ask that you support me in overruling the Chair and voting that the amendment is germane to the bill and does not violate the single-subject rule. Thank you, Mr. Speaker. The SPEAKER pro tempore. The Chair thanks the gentlelady. On the question of sustaining the ruling of the Chair, the majority leader, Representative Reed, is recognized. Mr. REED. Thank you very much, Mr. Speaker. I would ask the members to uphold the ruling of the Chair. Thank you. The SPEAKER pro tempore. The question before the House is, shall the ruling of the Chair stand as the judgment of the House? Those in favor of sustaining the Chair's decision will vote "aye"; those opposed, "no." On the question recurring, Shall the decision of the Chair stand as the judgment of the House? The following roll call was recorded: YEAS–113 Barrar Gillespie Marsico Roe Benninghoff Godshall Masser Rothman Bernstine Greiner McGinnis Ryan Bloom Grove Mehaffie Saccone Boback Hahn Mentzer Sankey Brown, R. Harper Metcalfe Santora

Causer Heffley Metzgar Saylor Charlton Helm Miccarelli Schemel Cook Hennessey Millard Simmons Corr Hickernell Miller, B. Sonney Cox Hill Milne Staats Culver Irvin Murt Stephens Cutler James Mustio Tallman Day Jozwiak Nelson Tobash Delozier Kampf Nesbit Toepel Diamond Kaufer O'Neill Toohil DiGirolamo Kauffman Oberlander Topper Dowling Keefer Ortitay Walsh Dunbar Keller, F. Peifer Ward Dush Keller, M.K. Pickett Warner Ellis Klunk Pyle Watson Emrick Knowles Quigley Wentling English Lawrence Quinn, C. Wheeland Evankovich Lewis Quinn, M. White Everett Mackenzie Rader Zimmerman Farry Maher Rapp Fee Mako Reed Turzai, Fritz Maloney Reese Speaker Gillen Marshall Roae NAYS–77 Barbin Dawkins Kavulich Pashinski Bizzarro Dean Keller, W. Petrarca Boyle Deasy Kim Rabb Bradford DeLissio Kinsey Ravenstahl Briggs DeLuca Kirkland Readshaw Brown, V. Dermody Kortz Roebuck Bullock Donatucci Krueger Rozzi Burns Driscoll Kulik Sainato Caltagirone Evans Longietti Samuelson Carroll Fitzgerald Madden Schlossberg Cephas Flynn Markosek Schweyer Comitta Frankel Matzie Sims Conklin Freeman McCarter Snyder Costa, D. Gainey McClinton Solomon Costa, P. Galloway McNeill Sturla Cruz Goodman Miller, D. Vazquez Daley Hanna Mullery Warren Davidson Harkins Neilson Wheatley Davis, A. Harris, J. O'Brien Youngblood Davis, T. NOT VOTING–0 EXCUSED–10 Christiana Gabler Moul Thomas Corbin Haggerty Taylor Vitali Fabrizio Harris, A. Less than a majority of the members elected to the House having voted in the negative, the decision of the Chair stood as the judgment of the House. The SPEAKER pro tempore. The decision of the Chair is sustained and shall stand as the judgment of the House. On the question recurring, Will the House agree to the bill on second consideration? Bill was agreed to.


THE SPEAKER (MIKE TURZAI) PRESIDING

SUPPLEMENTAL CALENDAR B

BILLS ON THIRD CONSIDERATION

The House proceeded to third consideration of HB 2124, PN 3122, entitled:

An Act amending the act of March 10, 1949 (P.L.30, No.14),

known as the Public School Code of 1949, in preliminary provisions, providing for information regarding education loans. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. (Bill analysis was read.) The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–190 Barbin Ellis Krueger Rapp Barrar Emrick Kulik Ravenstahl Benninghoff English Lawrence Readshaw Bernstine Evankovich Lewis Reed Bizzarro Evans Longietti Reese Bloom Everett Mackenzie Roae Boback Farry Madden Roe Boyle Fee Maher Roebuck Bradford Fitzgerald Mako Rothman Briggs Flynn Maloney Rozzi Brown, R. Frankel Markosek Ryan Brown, V. Freeman Marshall Saccone Bullock Fritz Marsico Sainato Burns Gainey Masser Samuelson Caltagirone Galloway Matzie Sankey Carroll Gillen McCarter Santora Causer Gillespie McClinton Saylor Cephas Godshall McGinnis Schemel Charlton Goodman McNeill Schlossberg Comitta Greiner Mehaffie Schweyer Conklin Grove Mentzer Simmons Cook Hahn Metcalfe Sims Corr Hanna Metzgar Snyder Costa, D. Harkins Miccarelli Solomon Costa, P. Harper Millard Sonney Cox Harris, J. Miller, B. Staats Cruz Heffley Miller, D. Stephens Culver Helm Milne Sturla Cutler Hennessey Mullery Tallman Daley Hickernell Murt Tobash Davidson Hill Mustio Toepel Davis, A. Irvin Neilson Toohil Davis, T. James Nelson Topper Dawkins Jozwiak Nesbit Vazquez Day Kampf O'Brien Walsh Dean Kaufer O'Neill Ward Deasy Kauffman Oberlander Warner DeLissio Kavulich Ortitay Warren

Delozier Keefer Pashinski Watson DeLuca Keller, F. Peifer Wentling Dermody Keller, M.K. Petrarca Wheatley Diamond Keller, W. Pickett Wheeland DiGirolamo Kim Pyle White Donatucci Kinsey Quigley Youngblood Dowling Kirkland Quinn, C. Zimmerman Driscoll Klunk Quinn, M. Dunbar Knowles Rabb Turzai, Dush Kortz Rader Speaker NAYS–0 NOT VOTING–0 EXCUSED–10 Christiana Gabler Moul Thomas Corbin Haggerty Taylor Vitali Fabrizio Harris, A. The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk present the same to the Senate for concurrence.

* * * The House proceeded to third consideration of SB 844, PN 1531, entitled:

An Act amending Title 23 (Domestic Relations) of the

Pennsylvania Consolidated Statutes, in child custody, further providing for standing for any form of physical custody or legal custody, for standing for partial physical custody and supervised physical custody and for consideration of criminal conviction. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. (Bill analysis was read.) The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. (Members proceeded to vote.)

LEAVE OF ABSENCE

The SPEAKER. Representative DEAN has requested to be placed on leave. I presume she was here for the previous votes, but she has requested to be placed on leave. Without objection, that will be granted.

CONSIDERATION OF SB 844 CONTINUED

On the question recurring, Shall the bill pass finally?


The following roll call was recorded: YEAS–189 Barbin Emrick Kulik Ravenstahl Barrar English Lawrence Readshaw Benninghoff Evankovich Lewis Reed Bernstine Evans Longietti Reese Bizzarro Everett Mackenzie Roae Bloom Farry Madden Roe Boback Fee Maher Roebuck Boyle Fitzgerald Mako Rothman Bradford Flynn Maloney Rozzi Briggs Frankel Markosek Ryan Brown, R. Freeman Marshall Saccone Brown, V. Fritz Marsico Sainato Bullock Gainey Masser Samuelson Burns Galloway Matzie Sankey Caltagirone Gillen McCarter Santora Carroll Gillespie McClinton Saylor Causer Godshall McGinnis Schemel Cephas Goodman McNeill Schlossberg Charlton Greiner Mehaffie Schweyer Comitta Grove Mentzer Simmons Conklin Hahn Metcalfe Sims Cook Hanna Metzgar Snyder Corr Harkins Miccarelli Solomon Costa, D. Harper Millard Sonney Costa, P. Harris, J. Miller, B. Staats Cox Heffley Miller, D. Stephens Cruz Helm Milne Sturla Culver Hennessey Mullery Tallman Cutler Hickernell Murt Tobash Daley Hill Mustio Toepel Davidson Irvin Neilson Toohil Davis, A. James Nelson Topper Davis, T. Jozwiak Nesbit Vazquez Dawkins Kampf O'Brien Walsh Day Kaufer O'Neill Ward Deasy Kauffman Oberlander Warner DeLissio Kavulich Ortitay Warren Delozier Keefer Pashinski Watson DeLuca Keller, F. Peifer Wentling Dermody Keller, M.K. Petrarca Wheatley Diamond Keller, W. Pickett Wheeland DiGirolamo Kim Pyle White Donatucci Kinsey Quigley Youngblood Dowling Kirkland Quinn, C. Zimmerman Driscoll Klunk Quinn, M. Dunbar Knowles Rabb Turzai, Dush Kortz Rader Speaker Ellis Krueger Rapp NAYS–0 NOT VOTING–0 EXCUSED–11 Christiana Fabrizio Harris, A. Thomas Corbin Gabler Moul Vitali Dean Haggerty Taylor The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk return the same to the Senate with the information that the House has passed the same with amendment in which the concurrence of the Senate is requested.

* * *

The House proceeded to third consideration of HB 1343, PN 1662, entitled:

An Act amending the act of July 2, 1993 (P.L.345, No.48), entitled

"An act empowering the General Counsel or his designee to issue subpoenas for certain licensing board activities; providing for hearing examiners in the Bureau of Professional and Occupational Affairs; providing additional powers to the Commissioner of Professional and Occupational Affairs; and further providing for civil penalties and license suspension," further providing for civil penalties. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. (Bill analysis was read.) The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. (Members proceeded to vote.)

LEAVE OF ABSENCE CANCELED

The SPEAKER. Representative John Taylor is on the House floor and should be placed back on the master roll.


On the question recurring, Shall the bill pass finally? The following roll call was recorded: YEAS–190 Barbin Emrick Kulik Ravenstahl Barrar English Lawrence Readshaw Benninghoff Evankovich Lewis Reed Bernstine Evans Longietti Reese Bizzarro Everett Mackenzie Roae Bloom Farry Madden Roe Boback Fee Maher Roebuck Boyle Fitzgerald Mako Rothman Bradford Flynn Maloney Rozzi Briggs Frankel Markosek Ryan Brown, R. Freeman Marshall Saccone Brown, V. Fritz Marsico Sainato Bullock Gainey Masser Samuelson Burns Galloway Matzie Sankey Caltagirone Gillen McCarter Santora Carroll Gillespie McClinton Saylor Causer Godshall McGinnis Schemel Cephas Goodman McNeill Schlossberg Charlton Greiner Mehaffie Schweyer Comitta Grove Mentzer Simmons Conklin Hahn Metcalfe Sims Cook Hanna Metzgar Snyder Corr Harkins Miccarelli Solomon Costa, D. Harper Millard Sonney Costa, P. Harris, J. Miller, B. Staats Cox Heffley Miller, D. Stephens Cruz Helm Milne Sturla Culver Hennessey Mullery Tallman


Cutler Hickernell Murt Taylor Daley Hill Mustio Tobash Davidson Irvin Neilson Toepel Davis, A. James Nelson Toohil Davis, T. Jozwiak Nesbit Topper Dawkins Kampf O'Brien Vazquez Day Kaufer O'Neill Walsh Deasy Kauffman Oberlander Ward DeLissio Kavulich Ortitay Warner Delozier Keefer Pashinski Warren DeLuca Keller, F. Peifer Watson Dermody Keller, M.K. Petrarca Wentling Diamond Keller, W. Pickett Wheatley DiGirolamo Kim Pyle Wheeland Donatucci Kinsey Quigley White Dowling Kirkland Quinn, C. Youngblood Driscoll Klunk Quinn, M. Zimmerman Dunbar Knowles Rabb Dush Kortz Rader Turzai, Ellis Krueger Rapp Speaker NAYS–0 NOT VOTING–0 EXCUSED–10 Christiana Fabrizio Harris, A. Thomas Corbin Gabler Moul Vitali Dean Haggerty The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk present the same to the Senate for concurrence.

* * * The House proceeded to third consideration of HB 1699, PN 3125, entitled:

An Act amending Title 75 (Vehicles) of the Pennsylvania

Consolidated Statutes, in size, weight and load, further providing for operation of certain combinations on interstate and certain other highways, repealing provisions relating to operation of motor homes on interstate and certain other highways and further providing for width of vehicles and for length of vehicles; and, in administration and enforcement, further providing for specific powers of department and local authorities. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. (Bill analysis was read.) The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken.

The following roll call was recorded: YEAS–189 Barbin Emrick Lawrence Readshaw Barrar English Lewis Reed Benninghoff Evankovich Longietti Reese Bernstine Evans Mackenzie Roae Bizzarro Everett Madden Roe Bloom Farry Maher Roebuck Boback Fee Mako Rothman Boyle Fitzgerald Maloney Rozzi Bradford Flynn Markosek Ryan Briggs Frankel Marshall Saccone Brown, R. Fritz Marsico Sainato Brown, V. Gainey Masser Samuelson Bullock Galloway Matzie Sankey Burns Gillen McCarter Santora Caltagirone Gillespie McClinton Saylor Carroll Godshall McGinnis Schemel Causer Goodman McNeill Schlossberg Cephas Greiner Mehaffie Schweyer Charlton Grove Mentzer Simmons Comitta Hahn Metcalfe Sims Conklin Hanna Metzgar Snyder Cook Harkins Miccarelli Solomon Corr Harper Millard Sonney Costa, D. Harris, J. Miller, B. Staats Costa, P. Heffley Miller, D. Stephens Cox Helm Milne Sturla Cruz Hennessey Mullery Tallman Culver Hickernell Murt Taylor Cutler Hill Mustio Tobash Daley Irvin Neilson Toepel Davidson James Nelson Toohil Davis, A. Jozwiak Nesbit Topper Davis, T. Kampf O'Brien Vazquez Dawkins Kaufer O'Neill Walsh Day Kauffman Oberlander Ward Deasy Kavulich Ortitay Warner DeLissio Keefer Pashinski Warren Delozier Keller, F. Peifer Watson DeLuca Keller, M.K. Petrarca Wentling Dermody Keller, W. Pickett Wheatley Diamond Kim Pyle Wheeland DiGirolamo Kinsey Quigley White Donatucci Kirkland Quinn, C. Youngblood Dowling Klunk Quinn, M. Zimmerman Driscoll Knowles Rabb Dunbar Kortz Rader Turzai, Dush Krueger Rapp Speaker Ellis Kulik Ravenstahl NAYS–1 Freeman NOT VOTING–0 EXCUSED–10 Christiana Fabrizio Harris, A. Thomas Corbin Gabler Moul Vitali Dean Haggerty The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk present the same to the Senate for concurrence.


The SPEAKER. My understanding is, we have two third consideration bills in front of us that cannot be passed without a motion to proceed. HB 456, PN 3313, was amended yesterday. It cannot be passed until 4:48, given our 24-hour rule here in the House. A reminder, the Senate does not have a 24-hour rule. I think they have a 6-hour rule. And HB 1419, PN 3314, which cannot be passed until 4:54 p.m. because it was amended.

MOTION TO PROCEED TO CONSIDERATION UNDER RULE 24

The SPEAKER. We are, at this time, at about just shy of 3:45. I will entertain a motion to proceed, and I recognize the majority leader. Mr. REED. Thank you very much, Mr. Speaker. I would make a motion to proceed to the immediate consideration of HB 456 and HB 1419. Thank you. On the question, Will the House agree to the motion? The SPEAKER. The minority leader, on the motion. Mr. DERMODY. Mr. Speaker, I would also urge the members to support the motion to proceed. On the question recurring, Will the House agree to the motion? The following roll call was recorded: YEAS–176 Barbin Dush Kortz Reed Barrar Ellis Krueger Reese Benninghoff Emrick Kulik Roae Bernstine Evankovich Lawrence Roe Bizzarro Evans Lewis Roebuck Bloom Everett Longietti Rothman Boback Farry Mackenzie Rozzi Boyle Fee Maher Ryan Bradford Fitzgerald Mako Saccone Briggs Flynn Maloney Sainato Brown, R. Frankel Markosek Sankey Brown, V. Freeman Marshall Santora Bullock Fritz Marsico Saylor Burns Gainey Masser Schemel Caltagirone Galloway McCarter Schlossberg Carroll Gillespie McClinton Schweyer Causer Godshall McGinnis Simmons Cephas Goodman McNeill Sims Charlton Greiner Mehaffie Snyder Comitta Grove Mentzer Solomon Conklin Hahn Metcalfe Sonney Cook Hanna Miccarelli Staats Corr Harkins Millard Stephens Costa, D. Harper Murt Sturla Costa, P. Harris, J. Mustio Taylor Cox Heffley Neilson Tobash Cruz Helm Nelson Toepel Culver Hennessey Nesbit Toohil Cutler Hickernell O'Brien Topper Daley Hill O'Neill Vazquez Davis, A. Irvin Oberlander Walsh Davis, T. James Ortitay Ward Dawkins Jozwiak Pashinski Warner Day Kampf Peifer Warren

Deasy Kaufer Petrarca Watson DeLissio Kauffman Pickett Wentling Delozier Kavulich Pyle Wheatley DeLuca Keefer Quigley Wheeland Dermody Keller, M.K. Quinn, C. White Diamond Keller, W. Quinn, M. Youngblood DiGirolamo Kim Rabb Zimmerman Donatucci Kinsey Rader Dowling Kirkland Rapp Turzai, Driscoll Klunk Readshaw Speaker Dunbar Knowles NAYS–14 Davidson Madden Miller, D. Ravenstahl English Matzie Milne Samuelson Gillen Metzgar Mullery Tallman Keller, F. Miller, B. NOT VOTING–0 EXCUSED–10 Christiana Fabrizio Harris, A. Thomas Corbin Gabler Moul Vitali Dean Haggerty A majority of the members required by the rules having voted in the affirmative, the question was determined in the affirmative and the motion was agreed to. The SPEAKER. We now may vote on HB 456 and HB 1419.


An Act regulating tattoo, body-piercing and corrective cosmetic

artists; limiting tongue splitting; providing for powers and duties of the Department of Health; and imposing penalties. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. (Bill analysis was read.) The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. The question is, shall the bill pass finally? On the bill, Representative Tony DeLuca. Mr. DeLUCA. Thank you, Mr. Speaker. First of all, let me thank the House for considering this bill, and I certainly want to commend one of our friends who is not here anymore, Representative Baker, who was the chairman of the committee, to let this out. This is a long process. This bill has been going on for about 6 years, and certainly it is time because of the fact that 40 States have regulations on tattoo establishments and Pennsylvania does not. It is about time we come in with this type of legislation. You know, it might be surprising to you that tattooing is not regulated in Pennsylvania. While a license is required for many kinds of work ranging from cutting hair to massage therapy and auctioneering, you do not need a license to use a needle to etch


permanent patterns on a person's skin. As I said, at least 40 States require inspections of tattoo parlors, demanding that body art practitioners pass a test to be licensed or otherwise regulate the industry according to the National Conference of State Legislatures. But Pennsylvania is not yet one, and hopefully, today, if it gets over to the Senate, hopefully the Senate will see the need of this, because this is really a health issue. And most body practitioners we have spoken to think we need this, and it is unusual for an industry to want regulations, but art practitioners say regulations make everyone safer. The practitioners indicate that "We deal with blood and body fluids, and we break the skin. If not careful, we could be spreading hepatitis, MRSA (methicillin-resistant staphylococcus aureus), or AIDS (acquired immunodeficiency syndrome)." The American Red Cross requires anyone who has a tattoo to wait 1 year to give blood. Hepatitis C in the United States tripled between 2010 and 2015. And I do not know if you realize it, but in 1961, for 38 years, New York banned tattooing. The other most important thing is the fact that this is a $2.3 billion – I say billion with a "b" – industry annually in the United States. There are over 15,000 tattoo establishments, and naturally, if we do not regulate them, we do not know where the money is going, we do not know if they are paying taxes, we do not know anything. The other thing is the fact that the average tattoo artist makes about $80 to $100 an hour. That is not bad to be an artist. Therefore, I would appreciate the House voting affirmative on this bill, and before you vote, I want to thank the gentlelady from Monroe County for her interest in this bill. I know she has been very interested in this bill and I want to thank her for her help. Thank you, Mr. Speaker. The SPEAKER. Representative Rosemary Brown. Mrs. R. BROWN. Thank you, Mr. Speaker. I rise to commend the maker of this bill and his hard work on this, and this is not really about whether you are for tattoos or against tattoos; this is about ensuring that the people that do get tattoos get them in a very safe way. And the gentleman did mention that there is a very large industry. The last statistics I saw was about 40 percent of the population had a tattoo, and I believe, and I think there are many constituents that believe that it is regulated, the needles are clean, and somebody is watching for the inspection. We are talking serious illnesses here. We are talking staph; strep; we are talking MRSA, which is a methicillin-resistant staph; we are talking HIV (human immunodeficiency virus) and hepatitis. So as the maker said, anything that breaks the skin and could cause an infection is very serious. So again, this industry, as was mentioned, it is unusual that an industry wants regulation, but they are fighting a battle of some very serious underground-type of tattooing happening, where people can get very, very sick. So again, I am asking for bipartisan support of the legislation. It is actually very, very important for the public safety and health safety. So thank you again. Thank you, Mr. Speaker. The SPEAKER. Does anybody else wish to speak on this particular bill?

On the question recurring, Shall the bill pass finally? The SPEAKER. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–173 Barbin Ellis Krueger Rabb Barrar Emrick Kulik Rader Benninghoff English Lawrence Ravenstahl Bernstine Evankovich Lewis Readshaw Bizzarro Evans Longietti Reed Boback Everett Mackenzie Reese Boyle Farry Madden Roe Bradford Fee Maher Roebuck Briggs Fitzgerald Mako Rozzi Brown, R. Flynn Maloney Saccone Brown, V. Frankel Markosek Sainato Bullock Freeman Marshall Samuelson Burns Gainey Marsico Santora Caltagirone Galloway Masser Saylor Carroll Gillen Matzie Schlossberg Causer Gillespie McCarter Schweyer Cephas Godshall McClinton Simmons Charlton Goodman McNeill Sims Comitta Greiner Mehaffie Snyder Conklin Hahn Mentzer Solomon Cook Hanna Metzgar Sonney Corr Harkins Miccarelli Staats Costa, D. Harper Millard Stephens Costa, P. Harris, J. Miller, B. Sturla Cox Heffley Miller, D. Taylor Cruz Helm Milne Tobash Culver Hennessey Mullery Toepel Cutler Hickernell Murt Toohil Daley Hill Mustio Topper Davidson Irvin Neilson Vazquez Davis, A. James Nelson Walsh Davis, T. Jozwiak Nesbit Ward Dawkins Kampf O'Brien Warner Day Kaufer O'Neill Warren Deasy Kauffman Oberlander Watson DeLissio Kavulich Ortitay Wheatley Delozier Keller, M.K. Pashinski Wheeland DeLuca Keller, W. Peifer White Dermody Kim Petrarca Youngblood DiGirolamo Kinsey Pickett Zimmerman Donatucci Kirkland Pyle Dowling Klunk Quigley Turzai, Driscoll Knowles Quinn, C. Speaker Dunbar Kortz Quinn, M. NAYS–17 Bloom Keefer Rapp Sankey Diamond Keller, F. Roae Schemel Dush McGinnis Rothman Tallman Fritz Metcalfe Ryan Wentling Grove NOT VOTING–0 EXCUSED–10 Christiana Fabrizio Harris, A. Thomas Corbin Gabler Moul Vitali Dean Haggerty


The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk present the same to the Senate for concurrence.


An Act amending Titles 18 (Crimes and Offenses) and 42

(Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in criminal history record information, further providing for general regulations and for order for limited access and providing for clean slate limited access, for exceptions, for order to vacate order for limited access, for effects of expunged records and records subject to limited access and for employer immunity from liability; and, in juvenile matters, further providing for inspection of court files and records and for law enforcement records.

On the question, Will the House agree to the bill on third consideration? Bill was agreed to. (Bill analysis was read.) The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–188 Barbin Emrick Kulik Ravenstahl Barrar English Lawrence Readshaw Benninghoff Evankovich Lewis Reed Bernstine Evans Longietti Reese Bizzarro Everett Mackenzie Roae Bloom Farry Madden Roe Boback Fee Maher Roebuck Boyle Fitzgerald Mako Rothman Bradford Flynn Maloney Rozzi Briggs Frankel Markosek Ryan Brown, R. Freeman Marshall Saccone Brown, V. Fritz Marsico Sainato Bullock Gainey Masser Samuelson Burns Galloway Matzie Sankey Caltagirone Gillen McCarter Santora Carroll Gillespie McClinton Saylor Causer Godshall McGinnis Schemel Cephas Goodman McNeill Schlossberg Charlton Greiner Mehaffie Schweyer Comitta Grove Mentzer Simmons Conklin Hahn Metcalfe Sims Cook Hanna Metzgar Snyder Corr Harkins Miccarelli Solomon Costa, D. Harper Millard Sonney Costa, P. Harris, J. Miller, D. Staats Cox Heffley Milne Stephens Cruz Helm Mullery Sturla Culver Hennessey Murt Taylor Cutler Hickernell Mustio Tobash Daley Hill Neilson Toepel

Davidson Irvin Nelson Toohil Davis, A. James Nesbit Topper Davis, T. Jozwiak O'Brien Vazquez Dawkins Kampf O'Neill Walsh Day Kaufer Oberlander Ward Deasy Kauffman Ortitay Warner DeLissio Kavulich Pashinski Warren Delozier Keefer Peifer Watson DeLuca Keller, F. Petrarca Wentling Dermody Keller, M.K. Pickett Wheatley Diamond Keller, W. Pyle Wheeland DiGirolamo Kim Quigley White Donatucci Kinsey Quinn, C. Youngblood Dowling Kirkland Quinn, M. Zimmerman Driscoll Klunk Rabb Dunbar Knowles Rader Turzai, Dush Kortz Rapp Speaker Ellis Krueger NAYS–2 Miller, B. Tallman NOT VOTING–0 EXCUSED–10 Christiana Fabrizio Harris, A. Thomas Corbin Gabler Moul Vitali Dean Haggerty The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk present the same to the Senate for concurrence.

STATEMENT BY MS. DELOZIER

The SPEAKER. Representative Sheryl Delozier is recognized on unanimous consent. Ms. DELOZIER. Thank you, Mr. Speaker. I just wanted to take a quick minute to say thank you very much. This was a group effort and it was something that the Republican's and Democrat's staffs in the Judiciary Committee worked extremely hard on. It was good to work with so many great groups that wanted the best and giving people a second chance with a clean-slate bill. I am proud to have worked with Representative Jordan Harris and the ability to move this forward and move it over to the Senate, and I would just ask that the Senate take a look, and hopefully, it will be passed quickly to allow for folks that have had minimal, minor criminal offenses and 10 years have gone by, and they have turned their life around, give them a second chance to be able to start a little bit over. And I appreciate everybody's hard work on this, and thank you very much to Mike Kane and the Judiciary staff. He worked with me and put up with a lot of questions and a lot of small details that a lot of us have to deal with to get a good piece of legislation through. So thank you very much, Mr. Speaker. The SPEAKER. Thank you.


STATEMENT BY MR. HARRIS

The SPEAKER. Representative Jordan Harris, on unanimous consent, sir. Mr. J. HARRIS. Thank you, Mr. Speaker. Mr. Speaker, I just wanted to thank all of my colleagues for their support of this bill. This is another step in the right direction of moving Pennsylvania in the right direction with regards to criminal justice reform. It was a pleasure to work with my good colleague, Representative Delozier, to push this over to the Senate, and we hope that the Senate will take this bill up, understanding that hundreds of thousands of Pennsylvanians will be helped should this bill get to the Governor's desk. Criminal justice reform is on its way in the Commonwealth of Pennsylvania because of bipartisan support and bipartisan work. Thank you, Mr. Speaker. The SPEAKER. Thank you, sir.

LEAVE OF ABSENCE

The SPEAKER. Representative Marguerite QUINN has requested to be placed on leave. Without objection, that will be granted.

CALENDAR CONTINUED

BILLS ON SECOND CONSIDERATION



known as the Public School Code of 1949, in high schools, providing for assessment of civic knowledge. On the question, Will the House agree to the bill on second consideration? The SPEAKER. Now, there are a number of amendments filed. The numbers I read and I think I am reading them correctly: 6322, 6323, 6324, and 6338. Representative Lawrence has filed these amendments. I understand he wishes to be recognized. Representative Lawrence, you are recognized. Mr. LAWRENCE. Thank you, Mr. Speaker. I would like to withdraw 6322, if I could. The SPEAKER. Yes. Mr. LAWRENCE. And then I would like to call up 6323, if I could. On the question recurring, Will the House agree to the bill on second consideration? Mr. LAWRENCE offered the following amendment No. A06323:

Amend Bill, page 1, line 5, by inserting after "thereto,"" in preliminary provisions, further providing for Keystone Exams; and,

Amend Bill, page 1, lines 9 through 15; page 2, lines 1 through 30; page 3, lines 1 through 23; by striking out all of said lines on said pages and inserting

Section 1. Section 121 of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, is amended by adding subsections to read:

Section 121. Keystone Exams.–* * * (e) Notwithstanding any other provision of law to the contrary,

no child may be required to take a Keystone Exam if the parent or guardian of the child notifies in writing the superintendent or chief administrator that the parent or guardian wishes for the child not to take the Keystone Exam.

(f) No student may be penalized by a school district, the State Board of Education or the Commonwealth for failing to take a Keystone Exam if the parent or guardian of the child has provided notice under subsection (b).

(g) No student may be required to take a Keystone Exam as a condition for high school graduation.

Section 2. The act is amended by adding a section to read: Amend Bill, page 6, line 4, by striking out "2" and inserting 3

On the question, Will the House agree to the amendment? The SPEAKER. Representative Lawrence, on the amendment, please. Mr. LAWRENCE. Thank you, Mr. Speaker. Mr. Speaker, the amendment we have before us deals with the Keystone Exams. Mr. Speaker, as many in the chamber are aware, currently under current Pennsylvania law and under the Pennsylvania Code, the only option a parent has to opt their child out of taking the Keystone Exams is to object based off of a religious objection. Now, Mr. Speaker, there are many parents across the Commonwealth who wish to opt their child out of the Keystone Exams, who may or may not have a religious objection, but since that is their only option, they are forced to take it. Mr. Speaker, we are forcing Pennsylvania parents to lie, in some cases, about their religious beliefs so they can exempt their child from taking a test. Mr. Speaker, I would suggest that parents know their children better than the Commonwealth knows their children. Mr. Speaker, the State of California, the State of Oregon, many States have implemented opt-out for any reason when it comes to high-stakes testing. It is my hope, Mr. Speaker, that this chamber will take up this important cause in the very near future.

AMENDMENT WITHDRAWN Mr. LAWRENCE. With that, Mr. Speaker, I will withdraw this amendment and the rest of my amendments from this bill, and I appreciate the members' attention. Thank you very much, Mr. Speaker. The SPEAKER. All amendments are withdrawn: 6323, 6324, 6338, in addition to the first one that was withdrawn, 6322. So I do not see any other amendments on this bill. On the question recurring, Will the House agree to the bill on second consideration? Bill was agreed to.

* * *




known as the Public School Code of 1949, in school health services, providing for sun protection of students, including the application of nonprescription sunscreen. On the question, Will the House agree to the bill on second consideration? The SPEAKER. Right now there are no amendments. I see no amendments, unless I am mistaken. On the question recurring, Will the House agree to the bill on second consideration? Bill was agreed to.

* * * The House proceeded to second consideration of HB 645, PN 1695, entitled:

An Act amending the act of March 4, 1971 (P.L.6, No.2), known

as the Tax Reform Code of 1971, in neighborhood assistance tax credit, further providing for tax credit and for grant of tax credit and providing for reporting. On the question, Will the House agree to the bill on second consideration? The SPEAKER. There were quite a few amendments that were filed. I believe most are out of order. The only two that I see remaining – or excuse me, were withdrawn – Representative Schweyer has amendment 1209, I believe, and then I believe Representative Dean has amendment 1228. Let me just make sure, for the record, that the others are withdrawn. Representative Toohil, 2821 is withdrawn? Yes, you may speak on that. Representative Toohil will be speaking first on amendment 2821, and you may proceed. Ms. TOOHIL. Thank you, Mr. Speaker. I am pleased to report that this pro-agriculture piece of legislation – this language helps farming families, and it was passed into law in 2017. I would like to thank House Majority Leader Dave Reed and Chairman Marty Causer for their support and assistance in its passage. Therefore, this amendment is going to be withdrawn. Thank you. The SPEAKER. Thank you very much, Representative Toohil. Representative Dean had amendment 2931. My understanding is that was withdrawn, correct? Okay. Withdrawn. Representative Keller had two amendments, 3154 and 4733. My understanding is, Representative William Keller, that those – or Fred Keller, I apologize. They are withdrawn. Representative Fred Keller has withdrawn amendments 3154 and 4733. Representative Schweyer calls up amendment 1209. Will the clerk please read another summary of the bill, and then read a summary of the amendment.

My understanding is, I think it is providing for tax credit, grant of tax credit under the neighborhood assistance tax credit. So go ahead. Will you read Representative Schweyer's amendment, please. On the question recurring, Will the House agree to the bill on second consideration? Mr. SCHWEYER offered the following amendment No. A01209:

Amend Bill, page 1, line 11, by inserting after "providing" for definitions,

Amend Bill, page 1, lines 15 through 17, by striking out all of said lines and inserting

Section 1. The definition of "neighborhood assistance" in section 1902-A of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, is amended and the section is amended by adding a definition to read:

Section 1902-A. Definitions.–The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

* * * "Neighborhood assistance." Furnishing financial assistance,

labor, material and technical advice to aid in the physical improvement of any part or all of an impoverished area or any other assistance which addresses a public health concern.

* * * "Public health concern." A health or welfare concern among the

population of a community as a whole. * * * Section 2. Sections 1904-A(c) and 1905-A of the act, amended

July 13, 2016 (P.L.526, No.84), are amended to read: Amend Bill, page 3, line 26, by striking out "2" and inserting 3 Amend Bill, page 4, line 9, by striking out "3" and inserting 4

On the question, Will the House agree to the amendment? The SPEAKER. Representative Schweyer, on the amendment, sir. Mr. SCHWEYER. Thank you, Mr. Speaker. I appreciate that very much and the opportunity to address this body about this amendment. Mr. Speaker, I am very familiar with the NAP (Neighborhood Assistance Program) programs. I have multiple NAP programs in my district, supported by my private-sector investors, organizations, businesses, and banks, that are investing in the rehabilitation of areas of my district and other areas throughout the entire Lehigh Valley. I think the NAP program is fantastic, and I will be supporting the underlying bill, 645. In my experience, the NAP program is not just used as a bricks-and-mortar redevelopment opportunity for our communities. It does include traditional community development, redevelopment opportunities, and development opportunities for our communities. For example, one of our existing NAP programs in downtown Allentown addresses financial literacy and housing ownership opportunities. Those are educational opportunities


for us, Mr. Speaker. Those are not bricks and mortar. One of our NAP programs or NPP (Neighborhood Partnership Program) programs supports educational advancements within our school district. These are community development projects that are supported through the NAP program. In the meantime, Mr. Speaker, many of our towns, our cities, our small boroughs, and our rural townships are suffering from public health crises, most notably opioids and heroin. How many of our communities right now would like to have the ability to ask our corporate sponsors and our corporate community partners to invest in anti-opioid and anti-heroin activities? Maybe some of our communities have lead paint issues that need to be abated or other lead concerns. One of my public high schools had a lead concern in it at one point in time that the private sector hoped to invest in but was unsure if they were able to get the tax credit that they would get by simply investing in, say, home ownership opportunities. Mr. Speaker, some of our communities have HIV and AIDS epidemics as a result of – for any number of reasons. All I am looking for, Mr. Speaker, and the intent of this amendment, sir, is simply to provide our corporate communities more flexibility to invest in their home communities in each of our districts. This provides nothing more than a clarification and a definition to allow those corporations to invest in our communities, and I ask for an affirmative vote on amendment 1209. Thank you, sir. The SPEAKER. Representative O'Neill, on the amendment, sir. Mr. O'NEILL. Thank you, Mr. Speaker. Mr. Speaker, I applaud the gentleman from Lehigh County, but I would have to ask that we oppose the amendment for multiple reasons. Number one, in his amendment, the definition of "public health concern" is very broad. Almost any community could decide what they believe is a public health concern and then apply for that. The second reason is, of the five categories under the NAP program, one is a special program priority and the State can deem, like, for example, opioid would fall under that and some of the other things that he had mentioned. Also, it truly does undercut what we are trying to do with the bill and the purpose of the bill of limiting what can be drawn out of this program, because over the last many years, $9 million had been taken out of this program already and cut it in half. So I would ask for a negative vote. Thank you. On the question recurring, Will the House agree to the amendment? The following roll call was recorded: YEAS–76 Bizzarro Dawkins Keller, W. Petrarca Boyle Deasy Kim Rabb Bradford DeLissio Kinsey Ravenstahl Briggs DeLuca Kirkland Readshaw Brown, V. Dermody Kortz Roebuck Bullock Donatucci Krueger Rozzi Burns Driscoll Kulik Sainato Caltagirone Evans Longietti Samuelson Carroll Fitzgerald Madden Schlossberg Cephas Flynn Markosek Schweyer

Comitta Frankel Matzie Sims Conklin Freeman McCarter Snyder Costa, D. Gainey McClinton Solomon Costa, P. Galloway McNeill Sturla Cruz Goodman Miller, D. Vazquez Daley Hanna Mullery Warren Davidson Harkins Neilson Wheatley Davis, A. Harris, J. O'Brien Wheeland Davis, T. Kavulich Pashinski Youngblood NAYS–113 Barbin Gillen Marshall Roe Barrar Gillespie Marsico Rothman Benninghoff Godshall Masser Ryan Bernstine Greiner McGinnis Saccone Bloom Grove Mehaffie Sankey Boback Hahn Mentzer Santora Brown, R. Harper Metcalfe Saylor Causer Heffley Metzgar Schemel Charlton Helm Miccarelli Simmons Cook Hennessey Millard Sonney Corr Hickernell Miller, B. Staats Cox Hill Milne Stephens Culver Irvin Murt Tallman Cutler James Mustio Taylor Day Jozwiak Nelson Tobash Delozier Kampf Nesbit Toepel Diamond Kaufer O'Neill Toohil DiGirolamo Kauffman Oberlander Topper Dowling Keefer Ortitay Walsh Dunbar Keller, F. Peifer Ward Dush Keller, M.K. Pickett Warner Ellis Klunk Pyle Watson Emrick Knowles Quigley Wentling English Lawrence Quinn, C. White Evankovich Lewis Rader Zimmerman Everett Mackenzie Rapp Farry Maher Reed Turzai, Fee Mako Reese Speaker Fritz Maloney Roae NOT VOTING–0 EXCUSED–11 Christiana Fabrizio Harris, A. Thomas Corbin Gabler Moul Vitali Dean Haggerty Quinn, M. Less than the majority having voted in the affirmative, the question was determined in the negative and the amendment was not agreed to. On the question recurring, Will the House agree to the bill on second consideration? The SPEAKER. Amendment 1228, Representative Dean offers. I know she is on leave so she cannot offer this amendment. Does another member wish to offer the amendment in her stead, or is that withdrawn? Amendment 1228. Withdrawn. I do not see any other amendments to HB 645, PN 1695. If I am mistaken, please correct me. On the question recurring, Will the House agree to the bill on second consideration? Bill was agreed to.


LEAVE OF ABSENCE

The SPEAKER. Representative Michael CORR has requested to be placed on leave. Without objection, that will be granted.

BILLS ON SECOND CONSIDERATION


An Act amending Titles 4 (Amusements), 18 (Crimes and

Offenses), 23 (Domestic Relations) and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for suspension of operating privileges of licensed drivers. On the question, Will the House agree to the bill on second consideration? Mr. SACCONE offered the following amendment No. A06241:

Amend Bill, page 10, line 25, by striking out "60" and inserting 180

On the question, Will the House agree to the amendment? The SPEAKER. On the amendment, Representative Saccone. Waives off. Representative Harris, on the amendment. Waives off. On the question recurring, Will the House agree to the amendment? The following roll call was recorded: YEAS–187 Barbin Evankovich Lawrence Readshaw Barrar Evans Lewis Reed Benninghoff Everett Longietti Reese Bernstine Farry Mackenzie Roae Bizzarro Fee Madden Roe Bloom Fitzgerald Maher Roebuck Boback Flynn Mako Rothman Boyle Frankel Maloney Rozzi Bradford Freeman Markosek Ryan Briggs Fritz Marshall Saccone Brown, R. Gainey Marsico Sainato Brown, V. Galloway Masser Samuelson Bullock Gillen Matzie Sankey Burns Gillespie McCarter Santora Caltagirone Godshall McClinton Saylor Carroll Goodman McGinnis Schemel Causer Greiner McNeill Schlossberg Cephas Grove Mehaffie Schweyer Charlton Hahn Mentzer Simmons Comitta Hanna Metcalfe Sims Conklin Harkins Metzgar Snyder Cook Harper Miccarelli Solomon Costa, D. Harris, J. Millard Sonney Costa, P. Heffley Miller, B. Staats Cox Helm Miller, D. Stephens Cruz Hennessey Milne Sturla Culver Hickernell Mullery Tallman Cutler Hill Murt Taylor Daley Irvin Mustio Tobash Davis, A. James Neilson Toepel

Davis, T. Jozwiak Nelson Toohil Dawkins Kampf Nesbit Topper Day Kaufer O'Brien Vazquez Deasy Kauffman O'Neill Walsh DeLissio Kavulich Oberlander Ward Delozier Keefer Ortitay Warner DeLuca Keller, F. Pashinski Warren Dermody Keller, M.K. Peifer Watson Diamond Keller, W. Petrarca Wentling DiGirolamo Kim Pickett Wheatley Donatucci Kinsey Pyle Wheeland Dowling Kirkland Quigley White Driscoll Klunk Quinn, C. Youngblood Dunbar Knowles Rabb Zimmerman Dush Kortz Rader Ellis Krueger Rapp Turzai, Emrick Kulik Ravenstahl Speaker English NAYS–1 Davidson NOT VOTING–0 EXCUSED–12 Christiana Dean Haggerty Quinn, M. Corbin Fabrizio Harris, A. Thomas Corr Gabler Moul Vitali The majority having voted in the affirmative, the question was determined in the affirmative and the amendment was agreed to. On the question, Will the House agree to the bill on second consideration as amended? The SPEAKER. I know that Representative Dan Miller had an amendment. Is that withdrawn? But you want to speak on it? You may. You are recognized. Mr. D. MILLER. Thank you, Mr. Speaker. I would like to congratulate the author of this bill. He and I have had a lot of very positive, good conversations, and I very much appreciate our working friendship. I did offer this amendment out of a couple different concerns that were raised to me regarding his direction in particular. There is no doubt to me that the premise is right with this bill that we need to, the State of Pennsylvania needs to have control over how it handles its licensing scheme. Getting out from the Federal mandate is definitely in our interest and the interest of our State. That being said, I did have some brief concerns. I was concerned that having no license suspensions would have the impact of occasionally leading people into jail when perhaps they would not otherwise be. Likewise, I was concerned that there would be some people who, in essence, we would be telling them go drive until you get the DUI (driving under the influence) and then we will take away your license. I was concerned a bit about it. My idea was, in this amendment, that we should be giving more control and more authority into the judges that would have the due process balance of hearing from district attorneys and probation officers and defense counsels and public defenders when making a decision regarding the implementation of the


appropriate guidelines that people should be released on probation for. That being said, I do not believe at this time it is appropriate for me to go forward on this amendment. Again, I thank the gentleman for all of his conversations and efforts, and I look forward to supporting the bill and withdraw the amendment. The SPEAKER. Thank you. Are there any other amendments that are being offered? Does anybody else wish to speak on any other amendments? I do not see any other amendments. Representative Saccone, I think you had another amendment but you withdrew it. Is that correct? So there are no further amendments. On the question recurring, Will the House agree to the bill on second consideration as amended? Bill as amended was agreed to. The SPEAKER. The bill as amended will be reprinted.


An Act amending the act of June 13, 1967 (P.L.31, No.21), known

as the Human Services Code, in public assistance, providing for work requirements. On the question, Will the House agree to the bill on second consideration? Mr. DOWLING offered the following amendment No. A06325:

Amend Bill, page 2, line 2, by inserting a comma after "department"

Amend Bill, page 2, line 13, by striking out "employment" and inserting

enrollment in medical assistance Amend Bill, page 3, line 6, by striking out "nineteen" and

inserting eighteen Amend Bill, page 3, line 14, by inserting a comma after

"condition" where it occurs the first time Amend Bill, page 3, line 16, by striking out "such as" and

inserting including, but not limited to, Amend Bill, page 3, lines 18 and 19, by striking out "under six

years of age or is" in line 18 and all of line 19 and inserting six years of age or younger. (ix) The medical assistance enrollee is the primary caregiver to

an individual who is permanently disabled or who is in hospice care. On the question, Will the House agree to the amendment? The SPEAKER. Representative Dowling, do you wish be recognized on that amendment? Mr. DOWLING. Yes, Mr. Speaker. This amendment is technical in nature and has been agreed to. We would ask for an affirmative vote. Thank you.

The SPEAKER. Representative Schlossberg. No, no; you are fine. Go right ahead. Mr. SCHLOSSBERG. Mr. Speaker, to confirm what the gentleman said, this is an agreed-to amendment. The SPEAKER. Thank you, sir. On the question recurring, Will the House agree to the amendment? The following roll call was recorded: YEAS–188 Barbin English Lawrence Readshaw Barrar Evankovich Lewis Reed Benninghoff Evans Longietti Reese Bernstine Everett Mackenzie Roae Bizzarro Farry Madden Roe Bloom Fee Maher Roebuck Boback Fitzgerald Mako Rothman Boyle Flynn Maloney Rozzi Bradford Frankel Markosek Ryan Briggs Freeman Marshall Saccone Brown, R. Fritz Marsico Sainato Brown, V. Gainey Masser Samuelson Bullock Galloway Matzie Sankey Burns Gillen McCarter Santora Caltagirone Gillespie McClinton Saylor Carroll Godshall McGinnis Schemel Causer Goodman McNeill Schlossberg Cephas Greiner Mehaffie Schweyer Charlton Grove Mentzer Simmons Comitta Hahn Metcalfe Sims Conklin Hanna Metzgar Snyder Cook Harkins Miccarelli Solomon Costa, D. Harper Millard Sonney Costa, P. Harris, J. Miller, B. Staats Cox Heffley Miller, D. Stephens Cruz Helm Milne Sturla Culver Hennessey Mullery Tallman Cutler Hickernell Murt Taylor Daley Hill Mustio Tobash Davidson Irvin Neilson Toepel Davis, A. James Nelson Toohil Davis, T. Jozwiak Nesbit Topper Dawkins Kampf O'Brien Vazquez Day Kaufer O'Neill Walsh Deasy Kauffman Oberlander Ward DeLissio Kavulich Ortitay Warner Delozier Keefer Pashinski Warren DeLuca Keller, F. Peifer Watson Dermody Keller, M.K. Petrarca Wentling Diamond Keller, W. Pickett Wheatley DiGirolamo Kim Pyle Wheeland Donatucci Kinsey Quigley White Dowling Kirkland Quinn, C. Youngblood Driscoll Klunk Rabb Zimmerman Dunbar Knowles Rader Dush Kortz Rapp Turzai, Ellis Krueger Ravenstahl Speaker Emrick Kulik NAYS–0 NOT VOTING–0 EXCUSED–12 Christiana Dean Haggerty Quinn, M. Corbin Fabrizio Harris, A. Thomas Corr Gabler Moul Vitali


The majority having voted in the affirmative, the question was determined in the affirmative and the amendment was agreed to. On the question, Will the House agree to the bill on second consideration as amended? The SPEAKER. I do not see any further amendments on HB 2138, PN 3158. On the question recurring, Will the House agree to the bill on second consideration as amended? Bill as amended was agreed to. The SPEAKER. The bill as amended will be reprinted.


An Act amending Title 8 (Boroughs and Incorporated Towns) of

the Pennsylvania Consolidated Statutes, in manufacture and supply of electricity, further providing for specific powers and providing for security deposits, for payment agreements and for restrictions on termination; and making an editorial change. On the question, Will the House agree to the bill on second consideration? The SPEAKER. I see three amendments that have been filed: 6062, 6327, and I believe, if I am reading it correctly, 6340. On the question recurring, Will the House agree to the bill on second consideration? Ms. HARPER offered the following amendment No. A06062:

Amend Bill, page 1, lines 3 through 6, by striking out " and" in line 3, all of lines 4 and 5 and "change" in line 6


Section 1. Section 24A03(a)(2) of Title 8 of the Pennsylvania Consolidated Statutes is amended to read:

Amend Bill, page 2, lines 4 through 30; page 3, lines 1 through 5; by striking out all of lines 4 through 30 on page 2, all of lines 1 through 4 and "(iv)" in line 5 on page 3 and inserting

(2) To regulate the use of and the charge for electricity furnished by the borough for use throughout the borough. A borough may fix, establish, maintain and collect or authorize by contract or otherwise the establishment, levying and collection of the rates, fees, rental or other charges, including connection charges, for the services afforded by or in connection with any properties which the borough constructs, erects, owns, acquires, operates or manages and for the sale or transmission of electric energy and power as it deems necessary, proper, desirable and reasonable[.], subject to all of the following:

(i) Amend Bill, page 3, line 8, by striking out "The" and inserting

A summary of the Amend Bill, page 3, lines 10 through 30; pages 4 through 7, lines

1 through 30; page 8, lines 1 through 28; by striking out all of said lines

on said pages and inserting (ii) Prior to providing utility service, a borough

may require the applicant to provide the names of each adult occupant residing at the location and proof of their identity.

(iii) After November 30 and before April 1, a borough electric provider may not terminate service to customers with household incomes at or below 250% of the Federal poverty level.

(iv) A borough may not terminate Amend Bill, page 9, lines 3 through 23, by striking out all of said

lines and inserting * * *


On the question, Will the House agree to the amendment?

MOTION TO RECOMMIT

The SPEAKER. On the amendment, Representative Harper is recognized. Ms. HARPER. Thank you, Mr. Speaker. But I rose before you called the amendment to make a procedural motion. The SPEAKER. Oh, you may proceed. Please state your motion. Ms. HARPER. Thank you. Mr. Speaker, this bill deals with boroughs that sell electricity, and a companion bill by the same sponsor is in the House Local Government Committee, which has had a hearing thereon which exposed that, in addition to helping certain consumers, the bill will also raise real estate taxes in boroughs. For that reason, Mr. Speaker, because we are working through those issues with the prime sponsor, I would rise to make a motion that this bill – a Title 53 municipalities bill, a Borough Code amendment – be sent to the Local Government Committee, which is familiar with this law. On the question, Will the House agree to the motion? The SPEAKER. Does anybody else wish to speak on the motion? Representative Bernstine. Mr. BERNSTINE. Thank you, Mr. Speaker. Mr. Speaker, this bill has passed before the State Government Committee. Additionally, this has been vetted. We have had numerous conversations on this. I would respectfully request the members to vote "no" on this motion. The SPEAKER. Representative Freeman is recognized. Mr. FREEMAN. Thank you, Mr. Speaker. Mr. Speaker, I rise to support the motion by the lady, Ms. Harper, from Montgomery County. As was stated, a similar bill – a very, very similar bill – is in the Local Government Committee. It had a hearing in which many of the problems with the bill were brought before the members of the committee. It is still being looked at and worked at in that committee. This version also amends the Borough Code. The Borough Code, as a point of jurisdiction, belongs in the House Local Government Committee. It should not have been sent to the


State Government Committee. So it is only appropriate that it be recommitted to the Local Government Committee so that we can continue our work on it and deal with the problems that are entailed in both this bill and the bill that is in the committee. I would further note that the Boroughs Association and the Pennsylvania Municipal Electric Association have both urged the House to vote to recommit to the Local Government Committee for us to continue our work on this proposal. I would urge the members to vote for the motion to recommit. The SPEAKER. Representative Pam Snyder, on the motion. Mrs. SNYDER. Thank you, Mr. Speaker. Mr. Speaker, this legislation deals with one particular community. I know the prime sponsor has been working diligently on this issue. I, too, am a cosponsor of this legislation, and I would ask for a negative vote to recommit. Thank you. The SPEAKER. Representative John Maher, on the motion to recommit. Mr. MAHER. Thank you, Mr. Speaker. I read both the bill that is before us and the bill that the gentlelady referred to, and they are, really, very different legislation. And it may well be that as a result of the hearings that were held by her committee, that this bill, which is very different, and maybe learned something from those hearings, emerged from the State Government Committee and before us. I would urge us to proceed and not to recommit. The SPEAKER. On the issue of recommittal, those in favor of recommitting the bill to Local Government will be voting "aye"; those opposed to the motion to recommit will be voting "nay." On the question recurring, Will the House agree to the motion? The following roll call was recorded: YEAS–83 Barbin Deasy Keller, W. Pashinski Barrar DeLissio Kim Petrarca Boyle DeLuca Kinsey Rabb Bradford DiGirolamo Kirkland Rader Briggs Donatucci Kortz Ravenstahl Brown, V. Driscoll Krueger Readshaw Bullock Evans Kulik Roebuck Burns Farry Lewis Rozzi Caltagirone Fitzgerald Longietti Samuelson Carroll Flynn Madden Schlossberg Cephas Frankel Markosek Schweyer Charlton Freeman Matzie Sims Comitta Gainey McCarter Solomon Costa, D. Galloway McClinton Sturla Costa, P. Godshall McNeill Taylor Cruz Goodman Mehaffie Vazquez Daley Hanna Miller, D. Warren Davidson Harper Mullery Wentling Davis, A. Harris, J. Murt Wheatley Davis, T. James Neilson Youngblood Dawkins Kavulich O'Brien NAYS–105 Benninghoff Gillespie Masser Saccone Bernstine Greiner McGinnis Sainato Bizzarro Grove Mentzer Sankey Bloom Hahn Metcalfe Santora

Boback Harkins Metzgar Saylor Brown, R. Heffley Miccarelli Schemel Causer Helm Millard Simmons Conklin Hennessey Miller, B. Snyder Cook Hickernell Milne Sonney Cox Hill Mustio Staats Culver Irvin Nelson Stephens Cutler Jozwiak Nesbit Tallman Day Kampf O'Neill Tobash Delozier Kaufer Oberlander Toepel Dermody Kauffman Ortitay Toohil Diamond Keefer Peifer Topper Dowling Keller, F. Pickett Walsh Dunbar Keller, M.K. Pyle Ward Dush Klunk Quigley Warner Ellis Knowles Quinn, C. Watson Emrick Lawrence Rapp Wheeland English Mackenzie Reed White Evankovich Maher Reese Zimmerman Everett Mako Roae Fee Maloney Roe Turzai, Fritz Marshall Rothman Speaker Gillen Marsico Ryan NOT VOTING–0 EXCUSED–12 Christiana Dean Haggerty Quinn, M. Corbin Fabrizio Harris, A. Thomas Corr Gabler Moul Vitali Less than the majority having voted in the affirmative, the question was determined in the negative and the motion was not agreed to. On the question recurring, Will the House agree to the amendment? The SPEAKER. We now call up amendment 6062. We have already had the summary of that read. On the amendment, the Chair recognizes Representative Harper. Ms. HARPER. Thank you, Mr. Speaker. The gentleman who sponsored this bill is trying to help some consumers who are having a problem with a particular electric utility in the Borough of Ellwood City. What my amendment does is leaves those protective provisions in place. Other boroughs that sell electricity are not having these problems and have these protections in place, so it is not a problem for anyone to do this. So I have left those protections in place to take care of those people that the Representative is trying to aid. However, his bill goes further. His bill would say that no borough can use money earned through the electric utility for general purposes – police, fire, or anything else. The problem with that is that it will most assuredly raise real estate taxes if the borough cannot use its electric utility money for the purpose of helping to defray real estate taxes. As many of you know, most of our boroughs are at least 100 to 150 years old. They have an older tax base and are often the place where they have tax-exempt properties, because as the center of a rural community, they have churches, they have hospitals, and they have universities. They are tax-exempt properties. So the burden of these greatly increased taxes will fall on the people who live there, including the seniors who just want to stay in their own homes. My amendment takes out that


part of this bill but leaves in the bill the protections for the seniors from any arbitrary shutoffs when their electric bills are not paid. With my amendment, this bill would be of benefit to the folks who live in Ellwood City but would not hurt the folks who live in Ellwood City. It has been estimated that their real estate taxes would rise by 70 percent if this bill passes – 70 percent – and as a result of that, this would not help the constituents the Representative is trying to help, whereas, if my amendment were entered into the bill, it would. So I would ask you to please vote for my amendment, which would take out the problems associated with the bill and that were very well revealed in the hearing that we held on the concept, and still keep the consumer protections in place for the residents of Ellwood City who are purchasing electricity there. Thank you, Mr. Speaker. The SPEAKER. Representative Bernstine, on the amendment. Mr. BERNSTINE. Thank you, Mr. Speaker. Mr. Speaker, I would request that members vote "no" on this amendment. Thank you. The SPEAKER. Representative Freeman, you are recognized. Mr. FREEMAN. Thank you, Mr. Speaker. Mr. Speaker, I rise in favor of the Harper amendment. As the good lady has stated, this is probably the best of both worlds. It leaves intact the ability of Ellwood City to use its electric rate revenues to make sure that property taxes stay low in that city, while at the same time putting in all the consumer protections, which are part of the best practices advocated by the Pennsylvania Municipal Electric Association. So you get your consumer protections in the bill with this amendment, but you also allow the flexibility for that municipality who should decide for themselves and for their own residents whether they would prefer to see those electric rates used to keep their property taxes down. Many people in this chamber want to see property taxes down, come down. If you want to apply that same principle to Ellwood City, you want to vote for the Harper amendment. I urge a "yes" vote. On the question recurring, Will the House agree to the amendment? The following roll call was recorded: YEAS–98 Barbin Dermody Kirkland Quigley Bizzarro DiGirolamo Kortz Rabb Boyle Donatucci Krueger Rader Bradford Driscoll Kulik Ravenstahl Briggs Evans Lewis Readshaw Brown, V. Farry Longietti Roebuck Bullock Fitzgerald Madden Rozzi Burns Flynn Markosek Sainato Caltagirone Frankel Marsico Samuelson Carroll Freeman Matzie Schemel Cephas Gainey McCarter Schlossberg Charlton Galloway McClinton Schweyer Comitta Gillen McNeill Sims Conklin Goodman Mehaffie Snyder Costa, D. Hanna Miccarelli Solomon Costa, P. Harkins Miller, B. Staats Cruz Harper Miller, D. Sturla

Daley Harris, J. Mullery Taylor Davidson James Murt Vazquez Davis, A. Kauffman Neilson Warren Davis, T. Kavulich O'Brien Watson Dawkins Keller, F. O'Neill Wheatley Deasy Keller, W. Pashinski White DeLissio Kim Petrarca Youngblood DeLuca Kinsey NAYS–90 Barrar Fritz Maloney Rothman Benninghoff Gillespie Marshall Ryan Bernstine Godshall Masser Saccone Bloom Greiner McGinnis Sankey Boback Grove Mentzer Santora Brown, R. Hahn Metcalfe Saylor Causer Heffley Metzgar Simmons Cook Helm Millard Sonney Cox Hennessey Milne Stephens Culver Hickernell Mustio Tallman Cutler Hill Nelson Tobash Day Irvin Nesbit Toepel Delozier Jozwiak Oberlander Toohil Diamond Kampf Ortitay Topper Dowling Kaufer Peifer Walsh Dunbar Keefer Pickett Ward Dush Keller, M.K. Pyle Warner Ellis Klunk Quinn, C. Wentling Emrick Knowles Rapp Wheeland English Lawrence Reed Zimmerman Evankovich Mackenzie Reese Everett Maher Roae Turzai, Fee Mako Roe Speaker NOT VOTING–0 EXCUSED–12 Christiana Dean Haggerty Quinn, M. Corbin Fabrizio Harris, A. Thomas Corr Gabler Moul Vitali The majority having voted in the affirmative, the question was determined in the affirmative and the amendment was agreed to. On the question, Will the House agree to the bill on second consideration as amended? Ms. HARPER offered the following amendment No. A06327:

Amend Bill, page 1, lines 3 through 6, by striking out " and" in line 3, all of lines 4 and 5 and "change" in line 6


Section 1. Section 24A03(a)(2) of Title 8 of the Pennsylvania Consolidated Statutes is amended to read:

Amend Bill, page 2, lines 4 through 30; page 3, lines 1 through 5; by striking out all of lines 4 through 30 on page 2, all of lines 1 through 4 and "(iv)" in line 5 on page 3 and inserting

(2) To regulate the use of and the charge for electricity furnished by the borough for use throughout the borough. A borough may fix, establish, maintain and collect or authorize by contract or otherwise the establishment, levying and collection of the rates, fees, rental or other charges, including connection charges, for the services afforded by or in connection with any properties which the borough constructs, erects, owns, acquires,


operates or manages and for the sale or transmission of electric energy and power as it deems necessary, proper, desirable and reasonable[.], subject to all of the following:

(i) Amend Bill, page 3, line 8, by striking out "The" and inserting

A summary of the Amend Bill, page 3, lines 10 through 30; pages 4 through 8, lines

1 through 30; page 9, lines 1 through 23; by striking out all of said lines on said pages and inserting

(ii) The following provisions apply to any borough situate in more than one county that provides electricity to residents of those counties:

(A) Prior to providing utility service, a borough may require the applicant to provide the names of each adult occupant residing at the location and proof of their identity.

(B) After November 30 and before April 1, a borough electric provider may not terminate service to customers with household incomes at or below 250% of the Federal poverty level.

(C) A borough may not terminate service to a premises when a customer has submitted a medical certificate to the borough. The customer must obtain a medical certificate verifying the condition and promptly forward the certificate to the borough.

(D) A borough may immediately terminate service for any of the following actions by the customer:

(I) Unauthorized use of the service delivered on or about the affected dwelling.

(II) Fraud or material misrepresentation of the customer's identity for the purpose of obtaining service.

(III) Tampering with a meter or other equipment of a public utility.

(IV) Tendering payment for reconnection of service that is subsequently dishonored, revoked or canceled and has not been cured or otherwise paid in full, within three business days of the borough's notice to the customer, in accordance with the notice of the dishonored payment. (E) Upon termination, the borough shall

make a good faith attempt to provide a post-termination notice to the customer or a responsible person at the affected premises and, in the case of a single-meter, multiunit dwelling, the borough shall conspicuously post the notice at the dwelling, including in common areas when possible.



AMENDMENT WITHDRAWN The SPEAKER. On the amendment, Representative Harper. Ms. HARPER. I will withdraw that amendment. Thank you. The SPEAKER. The amendment is withdrawn.

On the question recurring, Will the House agree to the bill on second consideration as amended? Mr. FREEMAN offered the following amendment No. A06340:

Amend Bill, page 2, lines 14 and 15, by striking out "the" in line 14 and all of line 15 and inserting

the following: (A) the expenses of the borough for the

production and Amend Bill, page 2, line 18, by striking out the period after

"properties" and inserting ; and (B) general operating costs, provided

that the borough's tax rate imposed for general borough purposes has not reached or exceeded 50% of the statutory limitation on the millage rate provided for in section 1302(a) (relating to tax levy).


AMENDMENT WITHDRAWN The SPEAKER. Representative Freeman, on the amendment. Mr. FREEMAN. Thank you, Mr. Speaker. Mr. Speaker, in light of the passage of the previous Harper amendment, I will withdraw my amendment at this time. The SPEAKER. Okay. The amendment is withdrawn. On the question recurring, Will the House agree to the bill on second consideration as amended?

AMENDMENT A06062 RECONSIDERED

The SPEAKER. Representative Cutler and Representative Mustio have filed a motion to reconsider an amendment, and this is the motion. They move that the vote by which amendment 6062 to HB 2030, PN 3009, was passed, they want that to be reconsidered on this April 11. Again, it is signed by Representatives Bryan Cutler and Mark Mustio, so we have a motion to reconsider the vote on amendment 6062 in front of us. On the question, Will the House agree to the motion? The SPEAKER. On the motion to reconsider, Representative Cutler. On the motion to reconsider, followed by Representative Mustio, followed by Representative Harper. Mr. CUTLER. Thank you, Mr. Speaker. Mr. Speaker, I would urge the members to support the motion to reconsider so that some additional comments can be made on the underlying amendment. Thank you. The SPEAKER. Representative Mark Mustio, on the motion to reconsider. Waives off. Representative Harper, on the motion to reconsider.


Ms. HARPER. Mr. Speaker, as you know, I have tried to put this bill back into the Local Government Committee so that it could have more discussion, and the membership thought you were ready to vote today. I respect that decision. I think you were ready to vote today. My amendment saves what is good about the Bernstine bill and takes care of the consumers in Ellwood City Borough that he is worried about. What it does not do is force the Borough of Ellwood City to raise property taxes by 70 percent. That is what happens if the bill is unamended. Please turn down the reconsideration, and please stay with me on this, because this bill does what the prime sponsor wants, as amended, but does not require a 70-percent increase in real estate taxes. Thank you. The SPEAKER. Representative Freeman, on the motion to reconsider. Representative Freeman, do you wish to speak on the motion to reconsider? Mr. FREEMAN. Thank you, Mr. Speaker. Mr. Speaker, I would urge a "no" vote on the motion to reconsider. I think that the House acted wisely when they included the Harper amendment. I think we are establishing best practices, which the Pennsylvania Municipal Electric Association has advocated for, and we have not touched the ability of Ellwood City – or any borough, for that matter – to be able to utilize their electric rate revenues to fund their general operating funds in an effort to keep their property taxes down. So I would urge a "no" vote on the motion to reconsider. The SPEAKER. Representative Mustio, on the motion to reconsider. Mr. MUSTIO. Mr. Speaker, I would encourage members to vote for reconsideration. The bill languished in another committee. The other bill that sits in the other committee could have been amended with this amendment in the other committee; it was not. The member proactively sought to get a bill passed that will have great impact on his district – only his district – and to sit here and do sound bites of 70 percent, to throw that out as if that is going to intimidate somebody in here I think is ridiculous. If the gentleman from the western part of the State wants to get this bill passed to help his district, we should do that. And if he then is going to work with his local elected officials to make sure their municipality is run more effectively and efficiently so that they are not gouging senior citizens on their electric bill to pay for expenses and running amok, passing that amendment into the bill is not going to help. He wants to clean up the local municipality, and let us give him the tools to do that, just as if you came here and wanted to clean up one of your local municipalities, we would want to help you do that the same. Thank you. On the question recurring, Will the House agree to the motion? The following roll call was recorded: YEAS–104 Barrar Gillespie Mentzer Sankey Benninghoff Greiner Metcalfe Santora Bernstine Grove Metzgar Saylor Bloom Hahn Miccarelli Schemel Boback Heffley Millard Simmons Brown, R. Helm Milne Snyder

Causer Hickernell Mustio Sonney Charlton Hill Nelson Staats Cook Irvin Nesbit Stephens Cox Jozwiak O'Neill Tallman Culver Kampf Oberlander Taylor Cutler Kaufer Ortitay Tobash Day Kauffman Peifer Toepel Delozier Keefer Pickett Toohil Dermody Keller, M.K. Pyle Topper Diamond Klunk Quigley Walsh Dowling Knowles Quinn, C. Ward Dunbar Lawrence Rader Warner Dush Lewis Rapp Watson Ellis Mackenzie Reed Wentling Emrick Maher Reese Wheeland English Mako Roae White Evankovich Maloney Roe Zimmerman Everett Marshall Rothman Fee Marsico Ryan Turzai, Fritz Masser Saccone Speaker Gillen McGinnis NAYS–84 Barbin Deasy James Murt Bizzarro DeLissio Kavulich Neilson Boyle DeLuca Keller, F. O'Brien Bradford DiGirolamo Keller, W. Pashinski Briggs Donatucci Kim Petrarca Brown, V. Driscoll Kinsey Rabb Bullock Evans Kirkland Ravenstahl Burns Farry Kortz Readshaw Caltagirone Fitzgerald Krueger Roebuck Carroll Flynn Kulik Rozzi Cephas Frankel Longietti Sainato Comitta Freeman Madden Samuelson Conklin Gainey Markosek Schlossberg Costa, D. Galloway Matzie Schweyer Costa, P. Godshall McCarter Sims Cruz Goodman McClinton Solomon Daley Hanna McNeill Sturla Davidson Harkins Mehaffie Vazquez Davis, A. Harper Miller, B. Warren Davis, T. Harris, J. Miller, D. Wheatley Dawkins Hennessey Mullery Youngblood NOT VOTING–0 EXCUSED–12 Christiana Dean Haggerty Quinn, M. Corbin Fabrizio Harris, A. Thomas Corr Gabler Moul Vitali The majority having voted in the affirmative, the question was determined in the affirmative and the motion was agreed to. On the question recurring, Will the House agree to the amendment? The SPEAKER. We have in front of us amendment 6062. On the amendment, Representative Harper is recognized. Ms. HARPER. Thank you, Mr. Speaker. Municipalities that sell electricity have been in the business of selling electric for probably 100 years because they first got into it when electricity and streetlights were brand-new and the boroughs, being the towns, wanted to have streetlights. Most municipalities that sell electric sell it well – do a good job, watch out for consumers – but unlike for-profit companies who have executives who get six-figure salaries, most boroughs do not. And unlike for-profit companies that send the money that


they make on electric out to shareholders, boroughs do not. Instead, they use it for the residents and property owners in the borough to help keep their property taxes down. They pay for police, they pay for fire, they pay for emergency services, they pay for roads, they pay for bridges, and they take care of things at home. If they did not have the revenues from their electric department, they would have to raise property taxes. We do not actually give boroughs too many options. That is about it; they have to raise property taxes. And I know many of you are worried about us doing things here that cause property taxes back home to go up. This bill, unamended, causes property taxes to go up by a staggering amount. In addition, if a municipality cannot sell electricity and is set up for it – owns the poles, may own the generation or have contracts for it – they can still sell electric, but they are not going to get the benefit of it that our for-profit companies get. And if there is a problem with a local government and the way they sell electric, vote them out. In fact, two members of the borough council of Ellwood City were voted out, apparently on the way they run their electric system. Okay? That is how we do it. Unlike for-profit companies, these boroughs meet in public, discuss rates in public, listen to the citizens in public, and they will be listening to the citizens as well when it comes time to balance their budget and they have to double their property taxes because they do not have the revenues from the electric department. With my amendment, we get the protections for the consumers, but we do not run the risk of spikes in property taxes that will never go down and will drive some seniors out of the homes they have lived in for many years. My amendment was a good improvement on the bill, and it is probably something we could have done in Local Government Committee had Mr. Bernstine not, immediately after the hearing, moved the venue. Please vote for the Harper amendment because it does what he needs, takes care of the seniors on fixed incomes, and it will not cause an immediate and irrevocable spike in property taxes. Thank you, Mr. Speaker. The SPEAKER. Representative Freeman, on the amendment. Mr. FREEMAN. Thank you, Mr. Speaker. Mr. Speaker, for the arguments that were stated before on behalf of this amendment, it provides for keeping the ability of boroughs that do provide electricity to their residents the ability to use those revenues to underwrite the cost of their operating, their general operating. That keeps property taxes down. So what the good lady has offered in her amendment, which has been put into the bill by the previous vote, would just simply leave the consumer protections which were part of the original proposal to make sure that best practices were followed and how a borough would operate its electric obligations to the consumers within that community. But what is important is, with her language we keep in place the ability of a municipality to have the right to use those revenues to keep their property taxes down. If we take this out and if the bill in chief passes in its original form, then it is going to cause an increase in property taxes in those communities that utilize their electric rates and revenues as a means to keep property taxes down. I urge the House to stick by the Harper amendment and vote "yes" on the Harper amendment. The SPEAKER. Representative John Maher.

Mr. MAHER. I do not understand why such a simple bill can be so confusing to people, including the maker of this amendment. This bill does not affect these other electric providers, local governments, as has been suggested. It only affects those that operate in more than one county, which is one. So if you have been led to believe that this bill without this amendment affects any of your communities, stop worrying; it does not. And while I think it is noble from those in the southeast to want to tell those in the southwest the better way to do things, and we appreciate that input up here regularly, I think we ought to defer to those from the southwest to decide what is best there, because this does not affect anybody else, does not affect anybody else. Let us be respectful. Do not be confused. This bill does not affect your communities. Let us be respectful of those who represent that area and vote to defeat this amendment so they can take care of their neighbors the way you would want to take care of yours.

POINT OF ORDER

The SPEAKER. Representative Harper. Ms. HARPER. Point of order, Mr. Speaker. The SPEAKER. You may proceed. Ms. HARPER. Although it is hard to believe in the Commonwealth of Pennsylvania that calling someone from the southeast is an ad hominem attack, it is. I would ask that the gentleman be cautioned against ad hominem attacks while we are trying to debate an issue. The SPEAKER. Representative Maher, on the request for an admonition. Mr. MAHER. If the gentlelady is offended to be referred to as being from the southeast of Pennsylvania, I will certainly withdraw the characterization of her representing the southeast. I am never embarrassed to say that I represent the southwest. The SPEAKER. All members, please remember that Pennsylvania is one State, and if we could make sure that there are no implied or direct criticisms. In some ways, this one is in the eye of the beholder – or the ear of the beholder – but if we could recognize that we all represent our own districts but we also have the interests of the Commonwealth in place, although I understand this legislation does apply to a particular area. Does anybody else wish to be recognized on the amendment before Representative Bernstine, because he is the maker of the bill? I would also recognize the maker of the amendment again. But does anybody else wish to be recognized other than the maker of the amendment or the maker of the bill? If you do, I will call on you, but I am going to let the maker of the amendment and the maker of the bill speak last. Representative Bernstine, you may proceed. Mr. BERNSTINE. Thank you, Mr. Speaker. Mr. Speaker, what this amendment does is it does keep some provisions, some protection provisions in place, but I want to be clear about this amendment. In this amendment is, or this legislation, we have had several groups and vetted this with several outside groups that are also in support of this. Those groups include, that have also asked for the rejection of all amendments, include the AARP; they include the Pennsylvania Chamber of Commerce; the two chambers of commerce in our


area, Beaver County and Lawrence County; the PA Manufacturers' Association; and the Realtors Association. They also include our friends in labor, our friends in labor from SEIU 32BJ, who are also supportive and are helpful in getting this legislation passed, as well as the PA Catholic Conference. What this amendment does not do is just as important as what it does do. Those groups are in support because this amendment does not do the following: It does not limit security deposits for those that are impoverished. It does not talk about how long those security deposits can be held. It does not force payment arrangements for those that are in poverty and can no longer afford their bills. It allows for termination for those that are over 65 years of age and under 12 years of age. To be clear, that means a 5-year-old in a home can have their electric shut off, or an 80-year-old cannot have their oxygen tank charged, which people have come to our office do. The most egregious on this is the following, and that is that this actually takes out a provision – if you listen closely, this is amazing – this takes out a provision that would call for the good faith to contact people whose electric was terminated; meaning they do not even need to send them a letter and let them know where to come and re-turn on their electric. Mr. Speaker, with the groups, once again, that are supporting this, this has been fully vetted. This is a good, commonsense consumer-protection bill that should be absolutely bipartisan with our friends in labor also supporting it from 32BJ, and folks like the AARP, as well as pro-business groups. We are hopeful that we can reject this and move this forward to protect citizens of Ellwood City Borough. Thank you, Mr. Speaker. The SPEAKER. On the amendment, does Representative Harper wish to be recognized? A member had informed me that there is probably some tension in the air because of this Flyers-Penguins game coming up. I am for both teams. Does anybody else wish to speak on this particular amendment? On the question recurring, Will the House agree to the amendment? (Members proceeded to vote.)

LEAVE OF ABSENCE

The SPEAKER. Representative BARBIN has requested to be placed on leave. Without objection, that will be granted.


On the question recurring, Will the House agree to the amendment? The following roll call was recorded: YEAS–68 Boyle Driscoll Kirkland Pashinski Briggs Evans Kortz Petrarca Brown, V. Farry Kulik Rabb Bullock Fitzgerald Longietti Rader

Burns Flynn Madden Readshaw Carroll Frankel Matzie Roebuck Cephas Freeman McCarter Rozzi Comitta Gainey McClinton Saccone Costa, P. Galloway McNeill Samuelson Daley Gillen Mehaffie Schlossberg Davidson Harper Miccarelli Schweyer Davis, T. Harris, J. Miller, B. Sims Dawkins James Mullery Solomon Deasy Kavulich Murt Vazquez DeLissio Keller, W. Neilson Warren DiGirolamo Kim O'Brien Watson Donatucci Kinsey O'Neill Youngblood NAYS–119 Barrar Everett Maher Rothman Benninghoff Fee Mako Ryan Bernstine Fritz Maloney Sainato Bizzarro Gillespie Markosek Sankey Bloom Godshall Marshall Santora Boback Goodman Marsico Saylor Bradford Greiner Masser Schemel Brown, R. Grove McGinnis Simmons Caltagirone Hahn Mentzer Snyder Causer Hanna Metcalfe Sonney Charlton Harkins Metzgar Staats Conklin Heffley Millard Stephens Cook Helm Miller, D. Sturla Costa, D. Hennessey Milne Tallman Cox Hickernell Mustio Taylor Cruz Hill Nelson Tobash Culver Irvin Nesbit Toepel Cutler Jozwiak Oberlander Toohil Davis, A. Kampf Ortitay Topper Day Kaufer Peifer Walsh Delozier Kauffman Pickett Ward DeLuca Keefer Pyle Warner Dermody Keller, F. Quigley Wentling Diamond Keller, M.K. Quinn, C. Wheatley Dowling Klunk Rapp Wheeland Dunbar Knowles Ravenstahl White Dush Krueger Reed Zimmerman Ellis Lawrence Reese Emrick Lewis Roae Turzai, English Mackenzie Roe Speaker Evankovich NOT VOTING–0 EXCUSED–13 Barbin Dean Haggerty Quinn, M. Christiana Fabrizio Harris, A. Thomas Corbin Gabler Moul Vitali Corr Less than the majority having voted in the affirmative, the question was determined in the negative and the amendment was not agreed to. On the question recurring, Will the House agree to the bill on second consideration?

CONSTITUTIONAL POINT OF ORDER

The SPEAKER. Representative Harper, for what purpose do you stand? Ms. HARPER. Procedural motion, Mr. Speaker. The SPEAKER. Yes; you may proceed.


Ms. HARPER. Thank you. Without my amendment, I believe that this bill is unconstitutional as special legislation. I am citing section 307 of the Pennsylvania Constitution, because notice of local and special bills shall not be passed unless there has been publication at least 30 days prior in the General Assembly, and under section 332 of the Constitution, that "the General Assembly shall not pass any local or special law: Regulating the affairs of counties, cities, townships, wards, boroughs or school districts." Case law has interpreted that to mean that unless the classification is logical, it is special legislation and unconstitutional. In this case, the prime sponsor of the bill represents two different boroughs that sell electricity and has only chosen to manage the affairs of one of them. I believe that the bill as it currently stands is unconstitutional under those two provisions of the Pennsylvania Constitution, and several people who spoke today have explicitly stated that the bill only applies to the Borough of Ellwood City. The SPEAKER. The gentlelady, Representative Harper, raises the point of order that HB 2030 is unconstitutional. Under rule 4, the Speaker is required to submit questions affecting the constitutionality of a bill to the House for decision, which the Chair now does. On the question, Will the House sustain the constitutionality of the bill? The SPEAKER. The Chair recognizes Representative Harper. I know she has spoken at length on the motion. Typically, you state it and then you state your reason, but that is fine. Representative Harper, do you wish to make any other points on the motion at this time? Ms. HARPER. I would just briefly state, Mr. Speaker, that this is Local Government Week in Pennsylvania. We recently unanimously voted to recognize that we have jurisdiction different than our local governments and that our local governments – government of the neighbors, by the neighbors, and for the neighbors – have certain responsibilities. And we do not get elected to come out here and tell our borough councils what to do, particularly not a single borough council who is similarly situated to another borough council in the same district as the prime sponsor. This bill is special legislation, and special legislation under the Pennsylvania Constitution requires special notice – special notice. It did not even get regular notice in the State Government Committee. And it also requires that it not be narrowly tailored to tell some borough council how to run the borough, and that is exactly what this bill is doing to Ellwood City. (Remarks stricken from the record.)

POINT OF ORDER

Mr. REED. Mr. Speaker? The SPEAKER. To the majority leader, please. Mr. REED. I am not sure what classification it is going to fall under, so I am going to start with a point of order. The SPEAKER. Yes.

Mr. REED. But I would ask that the lady from Montgomery County's last several sentences be stricken from the record. They were a direct attack at the gentleman from, I do not know, Beaver County, whatever county he may happen to come from. They were a direct attack and they are completely inappropriate on the House floor. The SPEAKER. My understanding, I am going to provide this admonition. Listen, I just need to reference the rules for a second because I want to cite the specific provision. We are going to be at ease for just a few minutes. I understand, but we are going to be at ease. I need to review both what was exactly stated on the record and the rule. I need to review both. We are back in order. Mason's Manual of Legislative Procedure, which our rules refer to, section 124, "Personalities Not Permitted in Debate." In particular, subsection 3: "It is not the person but the measure that is the subject of debate, and it is not allowable to arraign the motives of a member, but the nature or consequences of a measure may be condemned in strong terms." Well, we have certainly had that. I mean, the last time I looked, it is published in statute what we get paid. I do not think that it is appropriate for reference to another member. I will call upon Representative Harper at this time, but the leader's admonition I think is appropriate. You may proceed, Representative Harper. Ms. HARPER. Mr. Speaker, I have been standing at this mike for 5 minutes in order to retract that statement and was not recognized. The SPEAKER. No, I— Ms. HARPER. I will retract that statement. I am trying to retract it, Mr. Speaker. The SPEAKER. Well, you know what? We were going to rule on it because it was so out of line, and for the record. It needs to be set forth in the record. So I am glad that you retracted it. It will be stricken from the record. Thank you. Ms. HARPER. Thank you. The SPEAKER. On the issue of constitutionality, who else wishes to speak? It is one time per person. Representative John Maher, on constitutionality. Mr. MAHER. Thank you, Mr. Speaker. This bill is quite clearly not special legislation as contemplated by the Constitution. There is a logical reason for grouping these municipalities that overlap county lines when they happen to host a municipal electrical operator, and the reason is very simple. The appeals process provided is through county courts, and there needs to be guidance as to when a municipality is in two counties, which county court would be involved. And for that reason we have this legislation crafted dealing with municipalities which are in two counties. There are not many of them, to be sure, but if the question of an appeal comes up, there needs to be some clarity about how that should be conducted. And at the moment in time, it is correct. So far as I am aware, there is only one of these municipalities that happens to host an electrical operator, but any of the others could, and we often write laws in anticipation not just of those whom they affect today, but those who might be similarly situated as time goes on.


So this legislation is quite clearly in bounds of our Constitution, and I would ask that you recognize it as such with your vote. Thank you, Mr. Speaker. The SPEAKER. Does anybody else wish to speak on constitutionality? Representative Bernstine, you wish to speak on constitutionality? You may proceed. Mr. BERNSTINE. Thank you, Mr. Speaker. Mr. Speaker, as we talk about constitutionality, it says that a statute may be unconstitutional if it is a closed class of one member. Mr. Speaker, this is not a closed class; at present there are 12 boroughs which cross county lines, and at present there are 35 boroughs who have provided electricity for their residents. While I am aware of only 1 borough which crosses county lines and currently provides electric to its residents, any one of the other 11 boroughs which cross county lines could enter this class; therefore, it is not a closed class of one member. The SPEAKER. On the issue of the constitutionality, those who will be voting "aye" will vote to declare the bill is constitutional; those voting "no" will be voting to declare the bill to be unconstitutional. On the question recurring, Will the House sustain the constitutionality of the bill? (Members proceeded to vote.)

LEAVE OF ABSENCE

The SPEAKER. Representative WARD has requested to be placed on leave. Without objection, that will be granted.


On the question recurring, Will the House sustain the constitutionality of the bill? The following roll call was recorded: YEAS–128 Barrar Fee Maher Roae Benninghoff Flynn Mako Roe Bernstine Fritz Maloney Rothman Bizzarro Galloway Marshall Ryan Bloom Gillen Marsico Saccone Boback Gillespie Masser Sainato Brown, R. Godshall McGinnis Sankey Caltagirone Greiner Mehaffie Santora Carroll Grove Mentzer Saylor Causer Hahn Metcalfe Schemel Charlton Harkins Metzgar Schlossberg Comitta Heffley Miccarelli Simmons Conklin Helm Millard Snyder Cook Hennessey Miller, B. Sonney Cox Hickernell Milne Staats Culver Hill Mustio Stephens Cutler Irvin Neilson Sturla Day James Nelson Tallman Delozier Jozwiak Nesbit Taylor DeLuca Kampf O'Neill Tobash Dermody Kaufer Oberlander Toepel Diamond Kauffman Ortitay Toohil Dowling Kavulich Pashinski Topper Driscoll Keefer Peifer Walsh

Dunbar Keller, F. Pickett Warner Dush Keller, M.K. Pyle Watson Ellis Klunk Quigley Wentling Emrick Knowles Quinn, C. Wheeland English Krueger Rader Zimmerman Evankovich Lawrence Rapp Evans Lewis Reed Turzai, Everett Mackenzie Reese Speaker Farry Madden NAYS–58 Boyle Deasy Kirkland Rabb Bradford DeLissio Kortz Ravenstahl Briggs DiGirolamo Kulik Readshaw Brown, V. Donatucci Longietti Roebuck Bullock Fitzgerald Markosek Rozzi Burns Frankel Matzie Samuelson Cephas Freeman McCarter Schweyer Costa, D. Gainey McClinton Sims Costa, P. Goodman McNeill Solomon Cruz Hanna Miller, D. Vazquez Daley Harper Mullery Warren Davidson Harris, J. Murt Wheatley Davis, A. Keller, W. O'Brien White Davis, T. Kim Petrarca Youngblood Dawkins Kinsey NOT VOTING–0 EXCUSED–14 Barbin Dean Harris, A. Thomas Christiana Fabrizio Moul Vitali Corbin Gabler Quinn, M. Ward Corr Haggerty The majority having voted in the affirmative, the question was determined in the affirmative and the constitutionality of the bill was sustained. On the question recurring, Will the House agree to the bill on second consideration? The SPEAKER. Representative Freeman had withdrawn. Given the fact that the amendment had, the Harper amendment had originally passed, his amendment was in fact out of order and he had been informed as such and then withdrawn because the other amendment had gone in. Then there was a motion to reconsider, which passed, and then we voted again on the amendment and the amendment failed. So Representative Freeman is in order in bringing up his amendment to the bill, and can you give me the amendment number, please? It is 6340, the amendment number; 6340. On the question recurring, Will the House agree to the bill on second consideration? Mr. FREEMAN reoffered the following amendment No. A06340:

Amend Bill, page 2, lines 14 and 15, by striking out "the" in line 14 and all of line 15 and inserting

the following: (A) the expenses of the borough for the

production and Amend Bill, page 2, line 18, by striking out the period after

"properties" and inserting


; and (B) general operating costs, provided

that the borough's tax rate imposed for general borough purposes has not reached or exceeded 50% of the statutory limitation on the millage rate provided for in section 1302(a) (relating to tax levy).

On the question recurring, Will the House agree to the amendment? The SPEAKER. Representative Freeman, on the amendment, please. Mr. FREEMAN. Thank you, Mr. Speaker. And first, thank you for your ruling on my amendment. I appreciate the Chair's ruling. To inform the members of the content of my amendment, it is very simple and I think a reasonable compromise given the issue we have before us. Everything in Representative Bernstine's bill would stay in place. The one change that my amendment offers, or two changes: first, the municipality of Ellwood City, like all other boroughs that provide for electricity to their residents, would continue to be able to use those proceeds for general operating costs of the municipality. That is an important consideration, because by doing that, they can keep their property taxes down. The second provision of my amendment would state that that can only continue as such if Ellwood City would never go above 50 percent, or actually, would never go above 50 percent of the allowable millage under the Borough Code. So we are putting in place, with my amendment, a caveat that states, yes, you can continue to use your electric revenue for general operating – we recognize that that keeps your property taxes low – but if you should ever choose to try and raise your property taxes, they could never go beyond the 50-percent mark because of what is in this amendment. I think that is a fair compromise. It allows the flexibility that a borough like Ellwood City would need to utilize its electric revenues to keep their property taxes down, but it also places a potential cap that if they ever exceed that cap, then they would lose the ability to use those electric revenues for their general operating costs. I ask the House to please embrace this compromise and to vote "yes" on the amendment. The SPEAKER. Representative Bernstine, on the amendment. Mr. BERNSTINE. Thank you, Mr. Speaker. Mr. Speaker, I would ask you to oppose this amendment. And once again, to remind you that as we worked through the process and worked on negotiating this language with several of the other interest groups – once again, including AARP, our friends in labor at SEIU 32BJ, and our friends in business at the Pennsylvania Chamber, as well as many, many others – they believe that this would harm the bill, just as I do, and I would once again request that folks reject this amendment. Thank you, Mr. Speaker. The SPEAKER. Representative Freeman, for the second time. You may proceed. Mr. FREEMAN. Thank you, Mr. Speaker. Mr. Speaker, far from harming the bill, I think this makes it for a better bill. It achieves some of the goals that the gentleman who is the prime sponsor wanted to achieve in regards to how

Ellwood City operates, but it also keeps intact the ability of Ellwood City to use their electric revenues to keep their property taxes down. And should they ever try to exceed having their millage go beyond 50 percent of what is allowed under the Borough Code, they would lose that right. So it is the best of both worlds. I urge the House to please embrace and vote for this reasonable compromise on this issue. Thank you. The SPEAKER. Representative Bernstine, for the second time. Mr. BERNSTINE. Thank you, Mr. Speaker. Mr. Speaker, this actually harms one of the main components of the bill. And the reason for that – and I appreciate the good gentleman working on an idea, but we have a cost issue as well that is occurring there. And I will give you a very specific example, and that is – you may need to hold on to your seats for this – but there was an $82.99 bill that was sent out for electricity. But the only thing is, that is not just a month; that was for 2 days. For 2 days, a resident received a bill for $82.99. So it is very important that people have this necessity, which is electricity, in order to live their lives. While it may keep some of those other protections in place, it does not keep the protection in place to keep them from being overcharged, and it is very difficult for people who want to manage their lives for something that is a necessity such as electricity. The SPEAKER. Does anybody else wish to speak on the amendment? On the question recurring, Will the House agree to the amendment? The following roll call was recorded: YEAS–72 Boyle DeLissio Kim Pashinski Bradford DeLuca Kinsey Petrarca Briggs Dermody Kirkland Rabb Brown, V. Donatucci Kortz Rader Bullock Driscoll Krueger Ravenstahl Burns Evans Longietti Readshaw Caltagirone Fitzgerald Madden Roebuck Carroll Flynn Matzie Rozzi Cephas Frankel McCarter Samuelson Comitta Freeman McClinton Schlossberg Costa, P. Gainey McNeill Schweyer Cruz Galloway Mehaffie Sims Daley Goodman Miller, B. Solomon Davidson Hanna Miller, D. Sturla Davis, A. Harper Mullery Vazquez Davis, T. Harris, J. Murt Warren Dawkins Kavulich Neilson Wheatley Deasy Keller, W. O'Brien Youngblood NAYS–114 Barrar Fritz Mako Rothman Benninghoff Gillen Maloney Ryan Bernstine Gillespie Markosek Saccone Bizzarro Godshall Marshall Sainato Bloom Greiner Marsico Sankey Boback Grove Masser Santora Brown, R. Hahn McGinnis Saylor Causer Harkins Mentzer Schemel Charlton Heffley Metcalfe Simmons Conklin Helm Metzgar Snyder Cook Hennessey Miccarelli Sonney


Costa, D. Hickernell Millard Staats Cox Hill Milne Stephens Culver Irvin Mustio Tallman Cutler James Nelson Taylor Day Jozwiak Nesbit Tobash Delozier Kampf O'Neill Toepel Diamond Kaufer Oberlander Toohil DiGirolamo Kauffman Ortitay Topper Dowling Keefer Peifer Walsh Dunbar Keller, F. Pickett Warner Dush Keller, M.K. Pyle Watson Ellis Klunk Quigley Wentling Emrick Knowles Quinn, C. Wheeland English Kulik Rapp White Evankovich Lawrence Reed Zimmerman Everett Lewis Reese Farry Mackenzie Roae Turzai, Fee Maher Roe Speaker NOT VOTING–0 EXCUSED–14 Barbin Dean Harris, A. Thomas Christiana Fabrizio Moul Vitali Corbin Gabler Quinn, M. Ward Corr Haggerty Less than the majority having voted in the affirmative, the question was determined in the negative and the amendment was not agreed to. On the question recurring, Will the House agree to the bill on second consideration? The SPEAKER. I do not see any other amendments. If I am mistaken, please correct me. If any member has another amendment they wish to call up, please let me know. At this time I see no further amendments. On the question recurring, Will the House agree to the bill on second consideration? Bill was agreed to.


An Act amending Title 75 (Vehicles) of the Pennsylvania

Consolidated Statutes, in certificate of title and security interests, further providing for content and effect of certificate of title and for theft vehicles; and making an editorial change. On the question, Will the House agree to the bill on second consideration? Mr. MARSHALL offered the following amendment No. A06382:

Amend Bill, page 5, line 1, by striking out "(2)" Amend Bill, page 5, line 9, by striking out all of said line and

inserting (1) If the cost of repairs exceeds the replacement value

of the vehicle, the theft-branded certificate of salvage shall serve as an ownership document. If the vehicle thereafter passes the reconstructed salvage vehicle inspection requirements under

section 1165 (relating to reconstructed vehicles), it shall receive a certificate of title branded reconstructed and recovered-theft vehicle. Amend Bill, page 5, by inserting between lines 21 and 22

(3) If an owner has received a certificate of salvage branded as a theft vehicle after a payment has been made and the stolen vehicle is located and thereafter passes an inspection by a licensed physical damage appraiser in which the damage does not rise to the level of paragraph (2), the owner may apply to the department for an unbranded title. A legible copy of the vehicle damage appraisal report completed by an insurer or licensed physical damage appraiser must accompany an application under this paragraph. The damage appraisal report shall include the replacement value of the vehicle.

(4) An individual who has not been paid the replacement value for the vehicle and has not received a certificate of salvage may use the existing certificate of title without applying for a new title.

On the question, Will the House agree to the amendment? The SPEAKER. Amendment 6382 is appropriate. It is a corrected version of 6266. It is not late-filed. It is appropriately filed. It is a corrected version of 6266. So the amendment in front of us is 6382. Representative Marshall, you may proceed. Mr. MARSHALL. Thank you, Mr. Speaker. This amendment states that a theft-branded title is not required if an insurance company has paid a claim on a theft vehicle and the vehicle does not have damages that exceed 50 percent of the value of the vehicle. I would appreciate the members' support. On the question recurring, Will the House agree to the amendment? The following roll call was recorded: YEAS–186 Barrar English Kulik Ravenstahl Benninghoff Evankovich Lawrence Readshaw Bernstine Evans Lewis Reed Bizzarro Everett Longietti Reese Bloom Farry Mackenzie Roae Boback Fee Madden Roe Boyle Fitzgerald Maher Roebuck Bradford Flynn Mako Rothman Briggs Frankel Maloney Rozzi Brown, R. Freeman Markosek Ryan Brown, V. Fritz Marshall Saccone Bullock Gainey Marsico Sainato Burns Galloway Masser Samuelson Caltagirone Gillen Matzie Sankey Carroll Gillespie McCarter Santora Causer Godshall McClinton Saylor Cephas Goodman McGinnis Schemel Charlton Greiner McNeill Schlossberg Comitta Grove Mehaffie Schweyer Conklin Hahn Mentzer Simmons Cook Hanna Metcalfe Sims Costa, D. Harkins Metzgar Snyder Costa, P. Harper Miccarelli Solomon Cox Harris, J. Millard Sonney Cruz Heffley Miller, B. Staats Culver Helm Miller, D. Stephens Cutler Hennessey Milne Sturla Daley Hickernell Mullery Tallman


Davidson Hill Murt Taylor Davis, A. Irvin Mustio Tobash Davis, T. James Neilson Toepel Dawkins Jozwiak Nelson Toohil Day Kampf Nesbit Topper Deasy Kaufer O'Brien Vazquez DeLissio Kauffman O'Neill Walsh Delozier Kavulich Oberlander Warner DeLuca Keefer Ortitay Warren Dermody Keller, F. Pashinski Watson Diamond Keller, M.K. Peifer Wentling DiGirolamo Keller, W. Petrarca Wheatley Donatucci Kim Pickett Wheeland Dowling Kinsey Pyle White Driscoll Kirkland Quigley Youngblood Dunbar Klunk Quinn, C. Zimmerman Dush Knowles Rabb Ellis Kortz Rader Turzai, Emrick Krueger Rapp Speaker NAYS–0 NOT VOTING–0 EXCUSED–14 Barbin Dean Harris, A. Thomas Christiana Fabrizio Moul Vitali Corbin Gabler Quinn, M. Ward Corr Haggerty The majority having voted in the affirmative, the question was determined in the affirmative and the amendment was agreed to. On the question, Will the House agree to the bill on second consideration as amended? The SPEAKER. I do not see any other amendments. On the question recurring, Will the House agree to the bill on second consideration as amended? Bill as amended was agreed to. The SPEAKER. The bill as amended will be reprinted.

RESOLUTION

Mr. HEFFLEY called up HR 385, PN 2918, entitled: A Resolution directing the Legislative Budget and Finance

Committee to conduct a study of the feasibility of providing at least two additional passenger rail trips daily between Pittsburgh and Harrisburg and its impact on existing freight rail service. On the question, Will the House adopt the resolution? The SPEAKER. On the resolution, the Chair recognizes Representative Heffley.

LEAVE OF ABSENCE

The SPEAKER. Representative EVANKOVICH has requested to be placed on leave. Without objection, that will be granted.

CONSIDERATION OF HR 385 CONTINUED

The SPEAKER. Representative Heffley waives off. Anybody else wish to speak on the resolution? On the question recurring, Will the House adopt the resolution? (Members proceeded to vote.)

LEAVE OF ABSENCE

The SPEAKER. Representative DAVIDSON has requested to be placed on leave. Without objection, that will be granted.

CONSIDERATION OF HR 385 CONTINUED

On the question recurring, Will the House adopt the resolution? The following roll call was recorded: YEAS–184 Barrar Evans Lewis Readshaw Benninghoff Everett Longietti Reed Bernstine Farry Mackenzie Reese Bizzarro Fee Madden Roae Bloom Fitzgerald Maher Roe Boback Flynn Mako Roebuck Boyle Frankel Maloney Rothman Bradford Freeman Markosek Rozzi Briggs Fritz Marshall Ryan Brown, R. Gainey Marsico Saccone Brown, V. Galloway Masser Sainato Bullock Gillen Matzie Samuelson Burns Gillespie McCarter Sankey Caltagirone Godshall McClinton Santora Carroll Goodman McGinnis Saylor Causer Greiner McNeill Schemel Cephas Grove Mehaffie Schlossberg Charlton Hahn Mentzer Schweyer Comitta Hanna Metcalfe Simmons Conklin Harkins Metzgar Sims Cook Harper Miccarelli Snyder Costa, D. Harris, J. Millard Solomon Costa, P. Heffley Miller, B. Sonney Cox Helm Miller, D. Staats Cruz Hennessey Milne Stephens Culver Hickernell Mullery Sturla Cutler Hill Murt Tallman Daley Irvin Mustio Taylor Davis, A. James Neilson Tobash Davis, T. Jozwiak Nelson Toepel Dawkins Kampf Nesbit Toohil Day Kaufer O'Brien Topper Deasy Kauffman O'Neill Vazquez


DeLissio Kavulich Oberlander Walsh Delozier Keefer Ortitay Warner DeLuca Keller, F. Pashinski Warren Dermody Keller, M.K. Peifer Watson Diamond Keller, W. Petrarca Wentling DiGirolamo Kim Pickett Wheatley Donatucci Kinsey Pyle Wheeland Dowling Kirkland Quigley White Driscoll Klunk Quinn, C. Youngblood Dunbar Knowles Rabb Zimmerman Dush Kortz Rader Ellis Krueger Rapp Turzai, Emrick Kulik Ravenstahl Speaker English Lawrence NAYS–0 NOT VOTING–0 EXCUSED–16 Barbin Davidson Gabler Quinn, M. Christiana Dean Haggerty Thomas Corbin Evankovich Harris, A. Vitali Corr Fabrizio Moul Ward The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was adopted.

ANNOUNCEMENT BY MS. DONATUCCI

The SPEAKER. Representative Donatucci has requested to be recognized on unanimous consent. Ms. DONATUCCI. Thank you, Mr. Speaker. Just a brief reminder that the Philadelphia delegation will have a brief meeting in the minority caucus room. Thank you.

VOTE CORRECTION

The SPEAKER. Representative Wheeland is recognized on unanimous consent. Mr. WHEELAND. Thank you, Mr. Speaker. To correct the record. The SPEAKER. Yes, sir. You may. Mr. WHEELAND. On HB 645, amendment A01209, I pushed the wrong button. I would like to be recorded in the negative. The SPEAKER. Yes, sir. That will be reflected, given your remarks. Mr. WHEELAND. Thank you.

STATEMENT BY MR. ELLIS

The SPEAKER. Representative Brian Ellis is recognized on unanimous consent. Mr. ELLIS. Thank you very much, Mr. Speaker. And I just rise to say that sometimes we have some highly debatable issues in this chamber, and over the next few weeks we are going to have a highly debatable issue over NHL (National Hockey League) hockey. And I want to wish the Flyers fans good luck. I know it has been 15,659 days since they won a Stanley Cup, where we won 304 days ago, but I am looking forward to this rivalry renewed and I wish everybody in

Pennsylvania to be proud of these two teams, and may the best team win. Thank you very much, Mr. Speaker. The SPEAKER. Good gentleman, I think the Philadelphia folks will talk about the Eagles Super Bowl victory, so I am going to call on Representative John Taylor, which I would be citing if I were from the Philadelphia area. Representative Taylor. Mr. TAYLOR. Hey, thanks, Mr. Speaker, thanks for taking my line. But we are a football town now anyway so. The SPEAKER. Representative Taylor, when I said it, I had not seen you yet rise, so I had already started with the thought, but I do get the point. Everybody, have a great week. We will be back— I have to do some housekeeping. There are members who wish to speak, I know Representative Bullock, Representative Keefer, Representative Pashinski. The House will stay open for any remarks on House resolutions that you have had passed today. So Representative Bullock, Representative Keefer, Representative Pashinski, the House floor will stay open for those remarks. In addition, of course, I need to do some housekeeping.

STATEMENT BY MRS. KEEFER

The SPEAKER. Representative Keefer, you are recognized. Members who are remaining, please take your seats. Please take your seats. Representative Keefer, you may proceed. Mrs. KEEFER. Mr. Speaker, I stand today to recognize the efforts of all York Countians to honor our forgotten warriors of the Vietnam war. Last year the President signed into law bipartisan legislation by Pennsylvania's Republican Senator, Pat Toomey, and Senator Joe Donnelly, a Democrat from Indiana, to create the National Vietnam War Veterans Day. What many people may not know is that a York County man worked tirelessly for years to have a day, just 1 day, set aside each year to honor those veterans. U.S. Army Sgt. Harold Redding proudly served his country in Vietnam and experienced firsthand the mistreatment American armed service members received when they returned home. The poor treatment of those who served our country during Vietnam is well documented. Our service members were harassed, spit on, and at times, even physically assaulted. This treatment is not only shameful, but it is a lasting mark of disgrace on our nation's history. Redding saw a need to right a wrong so that these brave men and women finally be given the respect they so greatly deserved. He fought hard for and achieved his mission of creating National Vietnam War Veterans Day. This new Federal holiday of recognition honors all veterans of the Vietnam war on March 29 of each year, and it was on March 29, 1973, when combat and combat support units withdrew from South Vietnam. Pennsylvania lost 3,147 soldiers in Vietnam. I am proud of Sergeant Redding's efforts and of his unwavering commitment to stand up for and defend his fellow veterans. I am equally proud of all York Countians who are working to give our soldiers who served in the Vietnam war the welcome home they deserved. For those reasons, I am grateful for your positive vote today on HR 774.


Thank you, Mr. Speaker, and thank you to all the veterans everywhere for your service to our great nation. And to Vietnam veterans, welcome home. Thank you.

STATEMENT BY MR. PASHINSKI

The SPEAKER. Representative Pashinski is recognized to speak on HR 699. Mr. PASHINSKI. Thank you very much, Mr. Speaker. Every year on April 28, we observe Workers' Memorial Day. A day of mourning is conducted annually around the world, an international day of remembrance; a day to honor workers killed, disabled, injured, or made unwell in the workplace. Coinciding with the Occupational Safety and Health Act that became law in 1971, this day should serve both as a reminder of the sacrifices made by our workers in our Commonwealth, and around the country as a reminder of the importance of workplace safety. According to the United States Bureau of Labor Statistics, 5,190 American workers lost their lives in 2016. That is the highest total since 2008, and unfortunately, an increase over 2015. In our own State, 163 Pennsylvanians lost their life in a work-related incident in that year. Thankfully, that is lower than 2015, but even 1 workplace death is too many, because that is still 163 husbands and wives, sons or daughters, parents and grandparents who went to work one day and never returned home to their families. As we remember those who have lost their lives, we must continue to work diligently and tirelessly to improve workplace safety. We must continue to work together – employers and employees and their representatives – to take every necessary step to ensure safe, healthy, and hazard-free workplaces. Supporting this resolution will send a message to our workers and their employers that we certainly do care. We respect and care about their standards of work and we care about their safety as they labor every day to provide all of us with essential infrastructure, goods and services, and a quality of life for their family, and of course, our State. Mr. Speaker, I want to thank you very much, and I want to thank all the members for supporting Pennsylvania Workers' Memorial Day and HR 699. Thank you, Mr. Speaker.

REMARKS SUBMITTED FOR THE RECORD

Mr. FARRY submitted the following remarks for the Legislative Journal: Mr. Speaker, it is my privilege to bring to the attention of the Speaker and the members of the Pennsylvania House of Representatives the name of Daniel Steven Cook, who has been awarded Scouting's highest honor – Eagle Scout. Mr. Speaker, I would like to read to the members of the House of Representatives the following citation of merit honoring Daniel Steven Cook. Whereas, Daniel Steven Cook earned the Eagle Award in Scouting. This is the highest award that Boy Scouts can bestow and as such represents great sacrifice and tremendous effort on the part of this young man. Daniel is a member of Troop 153. Now therefore, Mr. Speaker and the members of the House of Representatives, it is my privilege to congratulate and place in the Legislative Journal the name of Daniel Steven Cook.


The SPEAKER pro tempore. The Chair thanks the gentleman.

BILLS RECOMMITTED

The SPEAKER pro tempore. The Chair recognizes the majority leader, who moves that the following bills be recommitted to the Committee on Appropriations: HB 163; HB 564; HB 645; HB 1228; HB 1240; HB 2030; HB 2050; and HB 2138. On the question, Will the House agree to the motion? Motion was agreed to.

BILLS REMOVED FROM TABLE

The SPEAKER pro tempore. The Chair recognizes the majority leader, who moves that the following bills be removed from the tabled calendar and placed on the active calendar: HB 504; HB 1539; HB 2133; and SB 630. On the question, Will the House agree to the motion? Motion was agreed to.

BILL ON SECOND CONSIDERATION


An Act amending Title 53 (Municipalities Generally) of the

Pennsylvania Consolidated Statutes, in assessments of persons and property, providing for senior property tax freeze. On the question, Will the House agree to the bill on second consideration?

BILL TABLED

The SPEAKER pro tempore. The Chair recognizes the majority leader, who moves that HB 641 be removed from the active calendar and placed on the tabled calendar. On the question, Will the House agree to the motion? Motion was agreed to.


BILL REMOVED FROM TABLE

The SPEAKER pro tempore. The Chair recognizes the majority leader, who moves that HB 641 be removed from the tabled calendar and placed on the active calendar. On the question, Will the House agree to the motion? Motion was agreed to.

STATEMENT BY MR. QUINN

The SPEAKER pro tempore. The gentleman, Mr. Quinn, is seeking recognition under unanimous consent? You are in order and may proceed. Mr. QUINN. Mr. Speaker, I would like to thank all my colleagues for supporting HB 2124. It passed unanimously, vote of 190 to 0, and I want to thank everyone who helped me with this bill. This bill is simply a consumer-protection bill. The purpose is to help deal with student debt, and student debt has grown to an unprecedented $1.3 trillion – that is trillion with a "t." The bill addresses this problem simply with information. Plain and simply put, the bill will provide students with information on the loans they take out each year. Other States that have enacted similar legislation have seen a significant drop in student debt, and that is what we are trying to do. We are simply trying to help students better understand their educational financial needs. Thank you, Mr. Speaker. The SPEAKER pro tempore. The Chair thanks the gentleman.

BILLS AND RESOLUTIONS PASSED OVER

The SPEAKER pro tempore. Without objection, all remaining bills and resolutions on today's calendar will be passed over. The Chair hears no objection.

ADJOURNMENT

The SPEAKER pro tempore. Representative Quinn is recognized again for his motion that the House do now adjourn until Monday, April 16, 2018, at 1 p.m., e.d.t., unless sooner recalled by the Speaker. On the question, Will the House agree to the motion? Motion was agreed to, and at 5:14 p.m., e.d.t., the House adjourned.

COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNALApr 11, 2018 · 5,490 individuals received...

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